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Results for serious misconduct

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Jack Wills v Complex Forme Limited [2026] NZERA 76 - health centre worker dismissed by silence after no contract and no pay; $25,526.80 ordered plus penalties

Jack Wills worked at Complex Forme without a written agreement and was not paid for 32 hours of work. After he sought clarity about pay and rostering, the employer stopped responding, removed his access and ceased providing work.

Matched passage: I was also provided with a copy of a Complex Forme Employee Handbook that Mr Wills was given that details a range of policies and procedures including inter alia annual leave, salaries and wages, disciplinary procedures and privacy.
Yusong Du v Sly House Limited [2025] NZERA 765 - WeChat dismissal and 50% contribution reduction

Sly House sent migrant construction worker Yusong Du a WeChat message saying he was unsuitable because he was too slow and lacked strength, then argued he had abandoned the job. The ERA also considered evidence that he had overstated his prior work experience.

Matched passage: The ERA rejected that account, found the message was a dismissal, and held the dismissal unjustified because no disciplinary or contractual termination process had been followed.
Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269 - Probationary period dismissal held unjustified; $9,000 compensation + $14,040.40 lost wages; penalties dismissed

Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.

Matched passage: ... It found contribution existed, including because Ms Ramsay did not see punctuality as a serious problem provided she had "cover", and because her responses about prioritising family obligations and the family-on-site incident were not aligned with what the employer ...

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