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.
![Devon Whitham v Brutalitees Limited and Christine Dawson [2026] NZERA 325 - tattoo and piercing apprentice was an employee, not a contractor](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Devon Whitham entered a tattoo and piercing apprenticeship that Brutalitees described as unpaid and contractor-like despite exercising close control over her work. The case concerned her true employment status, unpaid work and the heated meeting at which the relationship ended.
Aurora Developments disputed when quantity surveyor Junchen Xu became an employee, saying his first month was only unpaid learning and observation, and later made him redundant without a proposal or consultation. He also claimed wages, incentives and holiday entitlements.
Senior quarantine officer Mujahid Khan, an 18-year MPI employee, sought interim reinstatement after dismissal while his substantive grievance remained unresolved. The ERA considered the strength of the arguable dismissal case, the possibility of permanent reinstatement and the balance of convenience.
Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.
Sasha Lee performed management, HR and operational work across JNJ group businesses before duties were removed and her position was later declared redundant. She challenged both the unilateral reduction of responsibilities and the redundancy process, together with wage and holiday-pay issues.
Shaoqiang Chen worked long hours as a cook at Beached As Takeaways, was paid cash below lawful rates and later had his employment ended. The case involved employer identity, minimum-wage and holiday entitlements, record failures and the justification for dismissal.
Anna Murgatroyd was selected for redundancy from Xero's education team after a restructure. She alleged the process was predetermined, relying on an earlier Miro board, and also challenged the use of performance-related comments by a selection panel that included her manager.
Deborah Eyles was stood down from her supervised-contact work and later dismissed in circumstances the employer characterised as redundancy. She challenged both the unexplained removal from work and the absence of any genuine consultation or fair redundancy process.
