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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 177-184 of 246 articles in Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
RAPANA v UBP LIMITED [2025] NZERA 367 - medical-incapacity dismissal unjustified; contribution reduced compensation

UBP dismissed Mr Rapana after a prolonged period of absence and communication difficulties. The case examined the medical information available to the employer, inconsistencies in the reasons later given for dismissal and whether the investigation fairly addressed the real circumstances.

DQJ v COMMISSIONER OF INLAND REVENUE [2025] NZERA 365 - Inland Revenue ended employment prematurely without exhausting alternatives

Inland Revenue ended DQJ's employment after a lengthy deterioration in workplace relationships and concerns that it said could no longer be resolved. The ERA examined whether IR had exhausted fair alternatives before treating the relationship as incapable of continuing.

RISELEY v HUNTLY JOINERY 2000 LIMITED [2025] NZERA 342 - employer breaches caused constructive dismissal

Mr Riseley resigned from Huntly Joinery after a series of employer actions that he said destroyed the employment relationship. The ERA had to decide whether those breaches were sufficiently serious and causative to turn the resignation into a constructive dismissal.

LI v MASTER Z FOOD LIMITED [2025] NZERA 335 - WeChat evidence showed employer ended employment

Master Z Food said Ms Li resigned during an April 2023 meeting; Li said she was told the decision had already been made to dismiss her and she could merely work out the week. Contemporary WeChat messages were central to resolving who ended the employment.

STEWART v OPEN COUNTRY DAIRY LIMITED (3265479), OPEN COUNTRY DAIRY LIMITED v STEWART (3275619) [2025] NZERA 330 - summary dismissal unjustified; 100% contribution removes lost wages

Open Country Dairy summarily dismissed Mr Stewart on the final day covered by his medical certificate after a disciplinary process. The ERA considered both the employer's process and Mr Stewart's own conduct when assessing justification and remedies.

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