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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.

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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 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.

Showing 9-16 of 36 articles in Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - Unjustified dismissal (procedural unfairness), remedies reduced for contribution

Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - Unjustified dismissal (procedural unfairness), remedies reduced for contribution

Unfair Dismissal Cases 36

In Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814, the ERA found Mr Marcelo was dismissed on 24 January 2024 and the dismissal was substantively justified but procedurally flawed, making it unjustified. The ERA awarded 13 weeks lost wages ($14,560) and $6,000 compensation, then reduced remedies by one third for contribution and ordered payment of $13,707 within 28 working days. Costs were reserved.

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Shubanghi Kaushal v Ambridge Rose Manor Limited [2025] NZERA 818 - Unjustified dismissal, unjustified suspension, reinstatement ordered

Shubanghi Kaushal v Ambridge Rose Manor Limited [2025] NZERA 818 - Unjustified dismissal, unjustified suspension, reinstatement ordered

Unfair Dismissal Cases 36

In Shubanghi Kaushal v Ambridge Rose Manor Limited [2025] NZERA 818, the ERA found the employee was unjustifiably dismissed and unjustifiably disadvantaged by the suspension process. The ERA ordered permanent reinstatement from 22 December 2025, $6,000 compensation (after a 20% contribution reduction), and payment of lost remuneration from 12 September 2025 to 22 December 2025 (amount to be fixed by agreement or referred back). Costs were reserved.

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LGY v Board of Trustees [2025] NZERA 809 - Interim reinstatement granted (non-publication order)

LGY v Board of Trustees [2025] NZERA 809 - Interim reinstatement granted (non-publication order)

Unfair Dismissal Cases 36

In LGY v Board of Trustees [2025] NZERA 809, the ERA (Christchurch) granted interim reinstatement pending the determination of an unjustified dismissal grievance. The Authority applied the interim reinstatement test (serious question, balance of convenience, overall justice) and held the applicant had a strong arguable case on both unjustified dismissal and reinstatement, so interim reinstatement was ordered. The determination includes a non-publication order and the parties are anonymised.

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Shania Mortimer v Auckland Steam 'N' Dry Limited [2025] NZERA 808 - Trial period invalid, unjustified dismissal, $30,087.30 ordered

Shania Mortimer v Auckland Steam 'N' Dry Limited [2025] NZERA 808 - Trial period invalid, unjustified dismissal, $30,087.30 ordered

Unfair Dismissal Cases 36 90 Day Trial 7

In Shania Mortimer v Auckland Steam 'N' Dry Limited [2025] NZERA 808, the ERA found the employer could not rely on a trial period because the clause did not meet s 67A requirements. The employer provided no evidence to justify dismissal and did not follow a fair process. The ERA ordered payment of $30,087.30 gross within 28 days (including wage arrears, lost remuneration of $13,056, $10,000 distress compensation, and costs), with ongoing interest and director involvement orders.

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Haochen Guo v Su's Investment Limited [2025] NZERA 805 - Redundancy dismissal without consultation, $29,432 ordered plus penalty

Haochen Guo v Su's Investment Limited [2025] NZERA 805 - Redundancy dismissal without consultation, $29,432 ordered plus penalty

Unfair Dismissal Cases 36 Redundancy 8

In Haochen Guo v Su's Investment Limited (trading as the Coffee Studio) [2025] NZERA 805, the ERA found unjustified disadvantage (abrupt suspension, bullying / unsafe environment, and failure to provide leave records) and unjustified dismissal where the employer purported to make the sole chef redundant without any consultation or information. The ERA ordered $25,000 compensation, $2,784 lost wages, $1,648 holiday pay, and a $500 penalty to the Crown, payable within 21 days. Costs were reserved.

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KMW v ZIB Digital Limited [2025] NZERA 806 - Redundancy consultation was a "charade", unjustified dismissal, $47,692.30 awarded

KMW v ZIB Digital Limited [2025] NZERA 806 - Redundancy consultation was a "charade", unjustified dismissal, $47,692.30 awarded

Unfair Dismissal Cases 36 Redundancy 8

In KMW v ZIB Digital Limited [2025] NZERA 806 (Christchurch), the ERA found serious process defects in a redundancy that disestablished the applicant's Marketing Manager role. The Authority held consultation was not real, information was insufficient to allow meaningful feedback, and there was no genuine opportunity for redeployment. The dismissal was unjustified and the ERA ordered $20,000 compensation and $27,692.30 gross lost wages (three months) payable within 28 days. The Authority found a breach of good faith (s 4(1A)(c)) but declined a penalty. Misrepresentation claims about promised earnings were unsuccessful.

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OCO v ZUA [2025] NZERA 790 - Constructive dismissal upheld, $41,868.84 awarded (non-publication)

OCO v ZUA [2025] NZERA 790 - Constructive dismissal upheld, $41,868.84 awarded (non-publication)

Unfair Dismissal Cases 36 Constructive Dismissal 6

In OCO v ZUA [2025] NZERA 790 (Christchurch), the ERA found a truck driver who resigned in November 2022 was constructively dismissed. The Authority found the employer's suspension decision was unfair and lacked proper grounds, the complaint investigation outcome was misleading, and the employer commenced a serious misconduct process without identifying complainants or detailing allegations. Those breaches were serious and it was reasonably foreseeable resignation might result. The ERA ordered $11,868.84 gross reimbursement and $30,000 compensation (total $41,868.84) payable within 28 days. A non-publication order protects the identities of both parties and the applicant's family.

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Glenice Cooper v Success Realty Limited [2025] NZERA 782 - Remedies after conceded unjustified dismissal (redundancy label rejected)

Glenice Cooper v Success Realty Limited [2025] NZERA 782 - Remedies after conceded unjustified dismissal (redundancy label rejected)

Unfair Dismissal Cases 36 Redundancy 8

In Glenice Cooper v Success Realty Limited [2025] NZERA 782 (Wellington registry), the employer accepted the dismissal was unjustified after abruptly ending a 21 year employment relationship and calling it a redundancy. The ERA awarded $35,000 compensation, $23,698.71 gross reimbursement (3 months ordinary time remuneration), and ordered payment of a contractual March 2024 quarterly bonus, all payable within 28 days.

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