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

Tasman Rugby Union summarily dismissed its CEO, Steven David Mitchell, for alleged serious misconduct. In this interim decision, the ERA did not finally determine the allegations. It found, however, that Mr Mitchell had a strongly arguable unjustified-dismissal case, including an arguable predetermination concern arising from a review process, how that review later fed into the disciplinary process, and Board communications that could indicate adverse and personalised views had formed before the decision. The Authority held that the new 2026 remedies amendments applied, but could not make definitive contribution or serious-misconduct findings at the interim stage. It ordered immediate reinstatement to payroll only, backdated to 21 March 2026, while reserving the substantive merits hearing...

Friendly Loans Limited dismissed Filisi Beswick for medical incapacity less than four weeks after she had been admitted to hospital with blurred vision and migraines. On the day of dismissal, she had told the company that her medical position had improved, that she had a negative Covid test, a valid driver licence and an updated medical certificate. She asked for a face-to-face meeting and to discuss work from home. The ERA held the company could not reasonably conclude she was incapable of her ongoing duties, had not sought her input, had not allowed sufficient recovery time, and had not considered alternatives. It also held a $2,439.09 loan deduction from final pay unlawful. The Authority ordered $24,436.09 in total...

Ronald Thomas Shea was told by phone that there was no more work for him after his trucking and contracting hours fell sharply. STLand Contracting Limited had genuine financial pressure and could have commenced a workplace change process, but it did nothing. The ERA found a clear dismissal without consultation, found that Mr Shea had also been bullied in an unsafe workplace, and ordered $45,600 in notice pay, lost wages, compensation and costs...

Auckland Council summarily dismissed a fitness instructor over an undeclared personal-training business and three social-media videos filmed at a Council leisure centre. The ERA held that the Council relied on policies which did not in substance fit the alleged conflict, failed to raise the contractual obligations it might have relied on, and pursued discipline over matters known long beforehand without first discussing them in good faith. The dismissal was unjustified. Remedies were reduced by 10 percent for the employee's use of customers and the workplace to promote his own business...

Aaron Potter was summarily dismissed by Talley's Limited after a complaint connected with an election for a health and safety representative. The ERA found Talley's had not properly investigated the complaint, had not clearly set out the allegations or supporting information, had not given Mr Potter a fair opportunity to respond, and could not reasonably conclude that he had bullied, intimidated, or attempted to influence the vote. Mr Potter was awarded $20,000 compensation and $7,226.25 gross lost remuneration, no contribution was found...

Neil Hall's Northland asbestos-surveyor and mould-testing role was genuinely disestablished for commercial reasons, but Consultex Company Limited failed to consult in good faith. It did not meaningfully answer Mr Hall's request for financial information, failed to engage with his redeployment question, and sent a response that strongly suggested the decision had already been made before consultation closed. The ERA found unjustified dismissal and ordered $8,000 compensation, with no reduction for contribution...

Sophie Kennett was required to resign before holiday leave and then re-employed after the break. The ERA held that Polygon had manufactured the termination to minimise Holidays Act liabilities, meaning her employment was continuous. It also found a later redundancy dismissal unjustified because the business sale remained uncertain, redeployment was not properly considered, relevant information was withheld, and no contractual notice was provided. The Authority ordered compensation, lost wages, notice pay, Holidays Act entitlements, wage arrears, interest and a penalty...

The Department of Corrections dismissed Principal Corrections Officer Rakai Tawhiwhirangi after he used force on a prisoner and did not report the incident. Although he had been acquitted of assault on the basis of self-defence, Corrections revisited the same factual questions and reached the opposite conclusions. The ERA found the dismissal unjustified because Corrections blurred the criminal and employment issues, did not properly identify and assess the remaining policy breaches, allowed a conflicted decision maker to continue, and relied on conduct that was not put as an allegation. Reinstatement was declined, but the Authority ordered $17,000 compensation and $19,882.50 lost wages after a 15 percent contribution reduction...