![ZHANG v PENG and ANOR [2026] NZERA 16 - Constructive dismissal upheld; $18,000 compensation; $62,831 wage arrears; $3,730 premium repaid.](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Constructive dismissal upheld. Orders included $18,000 compensation, $62,831 gross wage arrears, repayment of a $3,730 unlawful premium, and $2,250 costs.
New Zealand unfair dismissal (unjustified dismissal) case summaries from the Employment Relations Authority (ERA), explaining key facts, outcomes, and lessons for employees and employers.
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.
Constructive dismissal upheld. Orders included $18,000 compensation, $62,831 gross wage arrears, repayment of a $3,730 unlawful premium, and $2,250 costs.
In George King v Off the Wall Construction Ltd [2026] NZERA 14, the ERA held the 90-day trial was invalid because the employee had already worked (and been paid) before signing. The dismissal was unjustified and the Authority awarded lost wages and compensation.
Unjustified dismissal upheld on procedural grounds. Remedies were reduced by one third for contributory conduct, and wage/public holiday underpayments were ordered.
Summary of Hurikawa v Walton Mountain Ltd [2026] NZERA 8. The ERA found an unjustified dismissal and ordered lost wages ($6,656) and compensation ($15,000).
JHJ v IXX [2026] NZERA 2 is an unjustified dismissal determination. The ERA ordered $14,040.00 gross lost wages (3 months cap) and $17,500.00 compensation, with costs reserved. The determination includes a temporary non-publication order.
ERA accepted serious food safety and hygiene deficiencies justified dismissal in substance, but found the suspension and termination process was flawed and unfair. The dismissal was therefore unjustified. Remedies of $14,560 lost wages and $6,000 compensation were reduced by one third for...
An ERA finding of unjustified dismissal where the employer tried to rely on a trial period clause that did not meet s 67A requirements and then failed to engage with the Authority's investigation. The Authority ordered $30,087.30 gross including $13,056 lost remuneration, $10,000 distress...
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.