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Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand

New Zealand unfair dismissal (unjustified dismissal) case summaries from the Employment Relations Authority (ERA), explaining key facts, outcomes, and lessons for employees and employers.


Unfair Dismissal (Unjustified Dismissal) Cases

These unfair dismissal (unjustified dismissal) case summaries cover Employment Relations Authority (ERA) decisions from across New Zealand. Each case highlights the facts, the Authority's reasoning, and the outcome, so you can see what tends to help or hurt a dismissal justification.

If you have an active employment problem and deadlines, get advice early. If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

If you are dealing with a dismissal dispute, these examples can help you understand common errors in process, the standard of reasonableness applied, and typical remedies where a dismissal is found to be unjustified.


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Showing 137-144 of 246 articles in Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612 - summary dismissal held unjustified; reinstatement declined; $20,000 compensation after contribution

Fire and Emergency summarily dismissed Crawford Morris after complaints about interactions with a female volunteer firefighter, including comments about physical capability and a later dispute over protective clothing. The ERA examined whether insensitive conduct reached the serious-misconduct threshold.

Limei Wang v Serenity Float Clinic Limited [2025] NZERA 599 - redundancy without consultation despite insolvency

Limei Wang was made redundant by Serenity Float Clinic while the business was in serious financial difficulty. The issue was not whether insolvency pressures were real, but whether those pressures excused the employer from consulting with her before deciding that her employment would end.

Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - indefinite paid suspension over prescribed medicinal cannabis; employer silence led to constructive dismissal; $33,545.75 awarded plus $4,571.55 costs/fee

Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.

BLIGNAUT v WASTE MANAGEMENT NZ LIMITED [2025] NZERA 560 - The personal grievance for unjustified disadvantage was upheld.

Mr Blignaut challenged Waste Management's treatment of him during a workplace conflict, including alleged bullying, suspension and pressure to resign, before he was ultimately dismissed for alleged serious misconduct. The ERA considered both the pre-dismissal disadvantage claims and the termination itself.

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