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

Rachel Hankins was engaged as an accountant on a fixed term maternity-cover agreement due to end on 15 August 2025. The ERA found the fixed term complied with section 66 of the Employment Relations Act 2000, but Huhtamaki Henderson Limited prematurely ended the employment relationship by requiring the return of company property, cutting off IT access, and treating her engagement as concluded before the agreed end date. The Authority found unjustified dismissal and unjustified disadvantage, ordering $11,500 compensation and four weeks' salary.

Jeanette Go was made redundant from her estimator role at Point Limited after a downturn in estimation work. Point accepted its redundancy process was flawed because it did not disclose the selection criteria and did not interview the other estimators. The ERA accepted there was a genuine business reason and that the outcome was unlikely to have changed, but found Ms Go was unjustifiably dismissed and disadvantaged by the flawed process. Point was ordered to pay $18,000 compensation and $5,769.23 gross lost wages. Penalties were declined and costs were reserved.

ZZP was dismissed by the Commissioner of Inland Revenue on medical grounds after a lengthy absence and a failed return-to-work attempt. The ERA accepted that IRD had given ZZP a reasonable opportunity to recover and had been entitled to treat the medical evidence cautiously. However, the dismissal was unjustified because the decision maker relied on several concerns in the final decision letter that had not been put to ZZP for comment. Reinstatement and lost wages were declined, but compensation was assessed at $25,000 and reduced by 25 percent for contribution, resulting in $18,750 payable.

Selwyn McDonald was summarily dismissed on site by Traffica Roading Services Limited after a heated exchange with director Bashir Ahmed. The ERA accepted Traffica's account that Mr McDonald made serious disrespectful comments with racial connotations, but still found the dismissal unjustified because he was dismissed on the spot without a fair opportunity to respond. Remedies were reduced by 40 percent for contribution. Traffica was ordered to pay $9,000 compensation and $3,800 gross lost wages.

Nata Venceslau Dos Santos, a painter's assistant employed by Nresh Group Limited, succeeded in personal grievance claims for unjustified disadvantage and unjustified dismissal. The ERA found Nresh created a hostile and insecure work environment, failed to follow a fair dismissal process, and had no substantive justification for dismissal. Nresh was ordered to pay $25,000 compensation, $1,440 gross lost wages, $2,698.15 gross wage arrears, public holiday entitlements for Good Friday and ANZAC Day 2024, interest, and penalties split between Mr Dos Santos and the Crown.

Auto John Huntley-Byrne was dismissed from his café job at Hind Quarters after close-up tasks were left incomplete. The ERA found Dallison 2021 Limited had some basis to be concerned, but it dismissed him by text message without a proper disciplinary meeting, without a real opportunity to respond, and without the procedural protections required by the employment agreement and handbook. Dallison was ordered to pay $7,469.28 gross lost wages and $13,500 compensation after a 10 percent contribution reduction, plus a $500 penalty to the Crown for incomplete wage and time records.

Jennifer Jacobsen was dismissed by Cube Innovations Limited after only a few days of part-time work. Cube tried to rely on a 90-day trial period, but the ERA found the trial period could not protect the dismissal because Cube gave no contractual notice and, on the balance of probabilities, the employment agreement was signed after Ms Jacobsen had already started work. The dismissal was found unjustified, Cube also unjustifiably disadvantaged Ms Jacobsen by failing to give written reasons for dismissal, and Cube was ordered to pay $2,436 gross lost wages, $15,000 compensation, and KiwiSaver employer contributions.

Cameron Keen worked for Prestige Paving NZ Limited as a labourer. After a Christmas closedown, the employer failed to provide work, failed to pay him, placed him on leave without pay without his request, and then stopped communicating. The ERA found Mr Keen was unjustifiably disadvantaged and unjustifiably dismissed. Prestige was ordered to pay $12,000 compensation, $19,460.82 unpaid and lost wages, $1,556.86 holiday pay, and $3,000 costs...