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

Mr Paetz resigned from Solly's Freight after disputes about excessive hours and the employer's failure to conduct a required pay review. He argued those ongoing breaches caused his resignation and also independently disadvantaged him while employed.

Henry Penny was selected for redundancy from Frello's software-development team after a restructure intended to reduce headcount. He argued resignations had already reduced staff numbers, the selection outcome was predetermined, and consultation and redeployment were not genuine.

Community Connectors Daynah Olliver and Sheena Taylor were employed on fixed-term agreements that did not properly record the statutory reasons for the fixed terms. Te Araroa then tried to end both employments early without a fair process.

The Chauhans worked in a business operated by SD & SD Investments, with disputes about hours worked, who knew about that work, and how Mr Chauhan's relationship with the business ended. The ERA preferred documentary roster and time-record evidence on key factual issues.

Ms Udumullaga was presented with an employer-prepared resignation letter and was later told her job had already been disestablished. The dispute concerned redundancy, periods when she said she was fit and available to work, unpaid entitlements, and whether the employer's process was genuine and fair.

Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.

Mr Ryder's employment with Leopard Lime ended after an exchange in early November 2022 in which the employer maintained that he had not been dismissed. The case turned on what the communications objectively meant and whether any fair dismissal process had occurred.

Mr Watson challenged a written warning and later alleged he was constructively dismissed after his relationship with Alchemy Builders deteriorated and he was removed from a workplace WhatsApp group. Timeliness affected the earlier disadvantage grievance.