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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.


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 have an active employment problem and deadlines, get advice early. If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

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.


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Showing 41-48 of 167 articles in Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Jimmy Nelson v The Digger Man Limited [2025] NZERA 835 - dismissal for unexplained absences held unjustified on process; remedies reduced 50% for contribution; $720 lost wages and $5,000 compensation

A short-term construction worker was dismissed after repeated unexplained absences and lateness. The ERA accepted the employer had genuine attendance concerns and had raised them, but held the dismissal unjustified because the worker was not given a final chance to understand the seriousness of...

Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

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...

Noel Jr Camacho v North Beach Limited [2025] NZERA 824 - 90-day trial clause held ineffective because probation and trial terms conflicted; employee may bring PG

Preliminary determination on whether a 90-day trial clause barred an unjustified dismissal personal grievance. The employment agreement contained both a trial period clause (1 day notice, no PG) and a probation clause (1 week notice, fairness obligations). The ERA held the clauses created...

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