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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 17-24 of 36 articles in Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
GXQ v NMK [2025] NZERA 772 - Constructive dismissal, discrimination, flawed workplace investigation, and remedies

GXQ v NMK [2025] NZERA 772 - Constructive dismissal, discrimination, flawed workplace investigation, and remedies

Unfair Dismissal Cases 36 Constructive Dismissal 6

In GXQ v NMK [2025] NZERA 772 (Auckland), the ERA found the applicant was unjustifiably constructively dismissed after the employer failed to maintain a safe workplace free from discrimination and psychological harm, including serious flaws in a workplace investigation and an unreasonable disciplinary approach. The ERA made a permanent non-publication order and awarded $25,274.31 special damages (legal fees), $80,903 gross reimbursement for lost wages, $55,618.47 gross for a short term incentive payment, and $40,000 gross compensation, payable within 21 days.

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Yusong Du v Sly House Limited [2025] NZERA 765 - Unjustified dismissal by text, remedies reduced 50 percent for contributory conduct

Yusong Du v Sly House Limited [2025] NZERA 765 - Unjustified dismissal by text, remedies reduced 50 percent for contributory conduct

Unfair Dismissal Cases 36

In Yusong Du v Sly House Limited [2025] NZERA 765, the ERA found the employee was unjustifiably dismissed after the employer ended employment by WeChat message without any disciplinary process or contractual notice. The ERA awarded lost wages of $14,435.40 and compensation of $10,000 but reduced remedies by 50 percent for contributory conduct (misleading about skills). The reduced remedy ordered was $12,217.70, plus costs of $4,500 and the filing fee of $71.55.

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Shenwei Zhang v Fat Dragon Restaurant Management Limited and Kejian Ji [2025] NZERA 737 - "Casual" label rejected, unjustified dismissal, and wage/holiday arrears

Shenwei Zhang v Fat Dragon Restaurant Management Limited and Kejian Ji [2025] NZERA 737 - "Casual" label rejected, unjustified dismissal, and wage/holiday arrears

Unfair Dismissal Cases 36

In Shenwei Zhang v Fat Dragon Restaurant Management Limited and Kejian Ji [2025] NZERA 737 (Auckland), the Employment Relations Authority held a long-term waiter was a permanent employee despite a written "casual as required" agreement. The Authority found he was dismissed via WeChat after querying why he was no longer rostered, and the employer did not follow a fair process under s 103A. The ERA ordered $5,686.33 gross reimbursement (13 weeks), $12,000 compensation for humiliation and injury to feelings, and further arrears for sick/bereavement leave, public holiday pay, alternative holidays, annual leave, and underpaid COVID wage subsidies, plus interest on arrears.

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Cameron Wong v Obers Brothers Construction Limited (in liquidation) [2025] NZERA 713 - Unjustified dismissal, holiday pay and notice ordered

Cameron Wong v Obers Brothers Construction Limited (in liquidation) [2025] NZERA 713 - Unjustified dismissal, holiday pay and notice ordered

Unfair Dismissal Cases 36

In Cameron Wong v Obers Brothers Construction Limited (in liquidation) [2025] NZERA 713 (Wellington), the ERA found Mr Wong was unjustifiably dismissed after he was sworn at and told to leave the worksite. The employer did not engage in the investigation and later entered liquidation. The ERA ordered $5,355 holiday entitlements, $2,800 two weeks notice, $12,242 lost wages, and $17,500 compensation (total $37,897), payable within 28 days.

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Xiaomeng (Fiona) Feng v Yoga Limited [2025] NZERA 709 - Unjustified dismissal conceded, remedies set at $12,400, no penalty

Xiaomeng (Fiona) Feng v Yoga Limited [2025] NZERA 709 - Unjustified dismissal conceded, remedies set at $12,400, no penalty

Unfair Dismissal Cases 36

In Xiaomeng (Fiona) Feng v Yoga Limited [2025] NZERA 709 (Auckland), the employer (through its director) acknowledged Ms Feng was unjustifiably dismissed, but disputed remedies and any good faith penalty. The ERA awarded $8,000 compensation for humiliation, loss of dignity and injury to feelings, and $4,400 lost wages (four weeks), declined any penalty, made no reduction for contributory conduct, and reserved costs.

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Jingsheng Liu v Legend International Holdings Limited, Hongyu Holding Limited and Wang Yu [2025] NZERA 702 - Unjustified dismissal by text, redundancy context, arrears, penalties, and leave to pursue a person involved

Jingsheng Liu v Legend International Holdings Limited, Hongyu Holding Limited and Wang Yu [2025] NZERA 702 - Unjustified dismissal by text, redundancy context, arrears, penalties, and leave to pursue a person involved

Unfair Dismissal Cases 36 Redundancy 8

In Jingsheng Liu v Legend International Holdings Limited, Hongyu Holding Limited and Wang Yu [2025] NZERA 702 (Auckland), the ERA found Mr Liu was unjustifiably dismissed by a text message saying there would be no more work. The ERA ordered $5,440 lost wages (4 weeks) and $15,000 compensation, plus arrears of $5,440 notice pay and $1,937.44 outstanding annual leave (with interest from 24 June 2024). Penalties totalling $8,000 were ordered (paid to the Crown), leave was granted to pursue the manager/director personally for arrears if the company cannot pay, and costs of $3,000 plus the $71.55 filing fee were awarded.

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Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 - Employee status confirmed, dismissal by text, 3 months lost wages, $15k compensation, holiday pay arrears, costs

Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 - Employee status confirmed, dismissal by text, 3 months lost wages, $15k compensation, holiday pay arrears, costs

Unfair Dismissal Cases 36

In Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 (Auckland), the ERA found Mr Isaako was an employee (not a contractor) and was unjustifiably dismissed by a text message. The Authority ordered $15,210 gross reimbursement of 3 months lost wages, $15,000 compensation for humiliation and injury to feelings, plus holiday pay arrears ($1,684.80 annual holidays and $1,275 public holidays). No penalties were ordered. Costs of $2,250 and filing fee reimbursement of $71.55 were awarded.

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Siddanth Prasad and others v Fiji Food Distributors NZ Limited (Krazy Price Mart) [2025] NZERA 659 - $456k wage arrears, $32k compensation each, $8k unlawful premium, director "person involved"

Siddanth Prasad and others v Fiji Food Distributors NZ Limited (Krazy Price Mart) [2025] NZERA 659 - $456k wage arrears, $32k compensation each, $8k unlawful premium, director "person involved"

Unfair Dismissal Cases 36

In Siddanth Prasad, Nishal Nikesh Lal, Amit Verma and Mukeshwar Prasad v Fiji Food Distributors NZ Limited [2025] NZERA 659 (Christchurch), the ERA found the employees worked excessive hours and were underpaid, leave and holiday entitlements were miscalculated, and the business sale in September 2021 occurred without adequate consultation (unjustified dismissal). The ERA ordered wage arrears totalling $456,364.35 across the four applicants, repayment of an $8,000 unlawful premium, and $32,000 compensation to each applicant. The Authority found the director Ameer Ali was a "person involved" in the employment standards breaches.

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Unfair Dismissal Cases 36 Unfair Dismissal 19 Employment Law Advice For Employers 10 Employment Lawyers 8 Redundancy 8 90 Day Trial 7 Constructive Dismissal 6 Costs 6 No Win No Fee 6 Employment Mediation 5 Casual Employment 3 Covid 19 3 ERA 2 Employment Court 1 Holidays Act 1