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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 25-32 of 36 articles in Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Andrew Byrne v Rushmore Distributors (NZ) Limited [2025] NZERA 658 - Unjustified redundancy for poor consultation on selection criteria and redeployment

Andrew Byrne v Rushmore Distributors (NZ) Limited [2025] NZERA 658 - Unjustified redundancy for poor consultation on selection criteria and redeployment

Unfair Dismissal Cases 36

In Andrew Byrne v Rushmore Distributors (NZ) Limited [2025] NZERA 658 (Auckland), the Employment Relations Authority held a redundancy dismissal was unjustified where the employer failed to fairly consult on selection criteria (and the assessment panel) and failed to consult on redeployment options. The ERA ordered three months lost wages (plus 8% holiday pay and employer KiwiSaver), $16,000 compensation for hurt and humiliation, reimbursement of a company vehicle/fuel benefit at $150 per week (less GST) ...

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Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612 - Summary dismissal unjustified, reinstatement declined, $20,000 compensation

Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612 - Summary dismissal unjustified, reinstatement declined, $20,000 compensation

Unfair Dismissal Cases 36

In Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612, the ERA held a long-serving firefighter was unjustifiably summarily dismissed. The Authority found the conduct relied on did not meet the serious misconduct threshold. Reinstatement was declined as not reasonable or workable. Remedies included $25,000 compensation reduced by 20% contributory conduct to $20,000 (within 28 days) and lost remuneration of six days ordinary time pay (after offsets for notice pay and ACC payments). Costs were reserved.

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Limei Wang v Serenity Float Clinic Limited, Charl Eksteen and Jodi Eksteen [2025] NZERA 599 - Unjustified redundancy dismissal, wage and leave arrears, $15,000 compensation, leave to recover arrears from a person involved

Limei Wang v Serenity Float Clinic Limited, Charl Eksteen and Jodi Eksteen [2025] NZERA 599 - Unjustified redundancy dismissal, wage and leave arrears, $15,000 compensation, leave to recover arrears from a person involved

Unfair Dismissal Cases 36 Redundancy 8

In Limei Wang v Serenity Float Clinic Limited [2025] NZERA 599 (Wellington), the ERA found Ms Wang was unjustifiably dismissed on redundancy grounds without the mandatory disclosure and consultation required by s 4(1A). The Authority ordered $2,035.50 unpaid wages, $4,714.67 unpaid holiday entitlements, $970.20 unpaid notice, and $15,000 compensation for humiliation, loss of dignity and injury to feelings. Because the company was insolvent, the ERA granted leave under s 142Y to recover wage and holiday pay arrears from the director Charl Eksteen as a "person involved" in the employment standards breaches. Penalties were declined and costs were reserved.

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Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - Constructive dismissal after indefinite paid suspension

Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - Constructive dismissal after indefinite paid suspension

Unfair Dismissal Cases 36 Constructive Dismissal 6

In Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 (Christchurch, investigation meeting in Timaru), the ERA found the employee was unjustifiably disadvantaged by an indefinite paid suspension imposed without proper basis or process, and then unjustifiably constructively dismissed after months of silence and failure to investigate. Remedies included $3,545.75 lost wages, $30,000 compensation (split $5,000 disadvantage and $25,000 constructive dismissal), and costs of $4,571.55, payable within 21 days.

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Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269 - Probationary period dismissal held unjustified; $9,000 compensation + $14,040.40 lost wages; penalties dismissed

Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269 - Probationary period dismissal held unjustified; $9,000 compensation + $14,040.40 lost wages; penalties dismissed

Unfair Dismissal Cases 36

In Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269, the ERA found a probationary period dismissal was unjustified where the employer relied on inaccurate absence data and did not fairly assess suitability through training, guidance, and genuine consideration of the employee's feedback. The ERA ordered $9,000 compensation (after a 10% contribution reduction) plus $14,040.40 gross lost wages and holiday pay, with KiwiSaver to be calculated. Good faith penalty claims under s 134 and aiding and abetting claims were dismissed.

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Tihei Kereopa-Rerekura v Cruz Bar Ltd [2023] NZERA 376 - Unjustified dismissal during Covid isolation, redundancy not genuine

Tihei Kereopa-Rerekura v Cruz Bar Ltd [2023] NZERA 376 - Unjustified dismissal during Covid isolation, redundancy not genuine

Unfair Dismissal Cases 36 Redundancy 8

In Tihei Kereopa-Rerekura v Cruz Bar Ltd [2023] NZERA 376, the ERA found the employer unjustifiably dismissed a security guard while he was isolating due to Covid-19. The claimed redundancy was not genuine and there was no fair process. The Authority awarded $15,000 compensation, $1,893.86 lost earnings, and $1,458.00 for notice.

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Brad Capper v CJS Construction Ltd [2023] NZERA 314 - Unjustified dismissal found, contribution reduction applied

Brad Capper v CJS Construction Ltd [2023] NZERA 314 - Unjustified dismissal found, contribution reduction applied

Unfair Dismissal Cases 36 90 Day Trial 7

In Brad Capper v CJS Construction Ltd [2023] NZERA 314, the ERA found the employment ended by dismissal (not abandonment or resignation) after a phone call with director Callum Sheridan, and the dismissal was unjustified. Remedies were reduced 50% for contribution. The ERA awarded $4,000 compensation and $1,520 wages in lieu of notice, and declined lost wages due to mitigation evidence.

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Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Unfair Dismissal Cases 36

In Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52, the ERA found an unjustified dismissal after the employer wrongly relied on a probation / "90 day" misunderstanding after the probation period had already expired, and failed to pay notice and holiday pay. Remedies included $20,000 compensation and reimbursement of lost wages.

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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