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Results for performance dismissal

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Gaetan Duvaux v Mega Limited [2026] NZERA 182 - redundancy dismissal unjustified on process; pre-selection and withheld scoring; $8,000 compensation plus three months' pay ordered

Gaetan Duvaux was made redundant by Mega after a selection process in which scoring and comparative information were not fully disclosed and the employee argued the outcome had effectively been chosen in advance. The business case itself was not the only issue: the fairness of selection and consultation was central.

Matched passage: The Authority also addressed the argument sometimes raised in redundancy cases: that a procedural defect should only produce an unjustified disadvantage finding, not unjustified dismissal.
Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51)

Cook Mark Beveridge was told to 'bugger off' and leave the Ashurst Deer N Duck Inn during a confrontation connected with police concerns about marijuana plants on the owner's property. The employer disputed whether those words had actually ended the employment.

Matched passage: Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51) A cook was told to 'bugger off' and leave the premises amid police concerns about marijuana plants on the owner's property.
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

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Matched passage: Dismissal was substantively justified but procedurally flawed; the dismissal was therefore unjustified.
VAN HEERDEN v LONGEVITY CONSTRUCTION LIMITED and Anor [2025] NZERA 217 - redundancy substantively and procedurally unjustified

Mr van Heerden was told at a 30 January 2024 meeting that his position had been disestablished and his employment was ending for redundancy. The decision had effectively been made before he was told his job was at risk, and the process mixed redundancy with irrelevant performance and conduct concerns.

Matched passage: The discussion of other factors (performance and conduct) that were not relevant to the restructure suggested that Mr van Heerden's redundancy was not for a genuine commercial reason, as there were other improper motives involved.
ADO v JOAN FERNIE CHARITABLE TRUST BOARD [2025] NZERA 3 - redundancy found to be a pretext for conduct concerns

ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.

Matched passage: Instead, The Authority found that the commercial basis for the decisions made were incidental to ulterior motives relating to conduct and performance.
Leo Waters v S.T.L Linehaul Ltd [2021] NZERA 304 - Unjustified dismissal, redundancy process failures

Leo Waters was made redundant by STL Linehaul in a process he said lacked genuine consultation and a fair opportunity to influence the decision. The ERA examined both the employer's business rationale and whether the redundancy procedure met the good-faith and justification standards.

Matched passage: ... 2021 and 19 April 2021 Role: Administration assistant Employment start: Late August 2019 Dismissal basis claimed by employer: Redundancy Applicant representative: Lawrence Anderson (advocate) Direct link to the full ERA determination (PDF): What happened Mr Waters started ...
Adarsh Chand v Professional Stylish Barber Shop Limited [2026] NZERA 244 - unjustified constructive dismissal after unjustified warnings; $12,000 compensation + $14,560 reimbursement

Adarsh Chand resigned from Professional Stylish Barber Shop after disciplinary warnings and employment treatment he said had destroyed the relationship. The ERA examined whether the warning was substantively and procedurally justified and whether the resulting resignation was caused by the employer's breaches.

Matched passage: ... that sick leave was refused whenever he could not afford a certificate. Constructive dismissal: why the resignation was treated as an unjustified dismissal The Authority applied the constructive dismissal principles from Auckland Shop Employees Union v Woolworths (NZ) ...
Medical Incapacity Dismissal
7 articles

An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point. Medical information, prognosis, reasonable time, alternatives and a fair process all matter.

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