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.
![GXQ v NMK [2025] NZERA 772 - name suppression and non-publication order refused; open justice prevailed](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Interlocutory decision. The employee (NMK) sought permanent name suppression and an interim non-publication order in an ongoing personal grievance. The Authority applied the high threshold for permanent suppression and held the evidence did not show exceptional hardship or a sufficiently real...
A long-term waiter was labelled 'casual as required' but worked regular rosters for years. When shifts stopped, he was told by WeChat, 'You don't need to come anymore'. The ERA found he was a permanent employee and the dismissal was unjustified. Orders: $5,686.33 lost wages (reimbursement),...
A cabinet maker's work was ended by a text message saying there would be no more work next week. The business had moved and quietly shifted operations from one company to a related company. The ERA held the 'no work' message was effectively a unilateral termination without consultation or...
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.
A long-serving firefighter was summarily dismissed for alleged serious misconduct. The ERA held the conduct relied on did not meet the serious misconduct threshold and the dismissal was unjustified. Reinstatement was declined as not reasonable or workable. Remedies included $25,000 compensation...
A clinic worker was dismissed for redundancy after the employer became insolvent, lost its lease, and transferred the business to a third party. The ERA accepted insolvency drove the closure, but held redundancy consultation was still required and the dismissal was unjustified. Orders: $2,035.50...
A dairy farm senior assistant disclosed neurodiversity conditions and a medicinal cannabis prescription before starting work. After disputes over contract terms and leave/tenancy issues, the employer suspended him indefinitely on vague health and safety grounds and then went silent for months....
The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Mr Mon was dismissed by text message on 19 July 2023, and his employment came to an end two weeks later on 2 August 2023 after Mr Mon had worked out his notice period.
