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Results for trial period dismissal

Showing 73-80 of 209 results
Daniel Bly v FutureCo Limited [2026] NZERA 269 - dismissal for Instagram posts and Slack messages held unjustified; $15,000 compensation; 6 months' pay less 50% contribution

Daniel Bly was dismissed by FutureCo after Instagram posts and internal Slack messages became the subject of disciplinary allegations. The case tested both the seriousness of the conduct and whether the employer's investigation and dismissal response were proportionate.

Matched passage: Unjustified dismissal: why the "serious misconduct" dismissal failed The Authority applied the s 103A test: whether the dismissal, and the way the employer acted, was what a fair and reasonable employer could have done in all the circumstances.
Ziyu Xiao and Youtian Yang, and Limei Liu v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 222 - delivery drivers cut off via app/WhatsApp after complaints; unjustified dismissals and disadvantage; $54,500 ordered

Delivery drivers Ziyu Xiao, Youtian Yang and Limei Liu lost access to Fast Horse's app or WhatsApp work channels after raising concerns about their work and pay. The ERA examined whether those digital cut-offs amounted to dismissals and whether the employer had also caused unjustified disadvantage beforehand.

Matched passage: Ms Xiao: blocking access to the work allocation app shortly after her complaint was treated as an unjustified dismissal.
ZiGen Wong v NZAT Construction Limited [2026] NZERA 193 - employee status found despite no visa; $18,187.50 wage arrears + $1,455 holiday pay; constructive dismissal upheld

ZiGen Wong worked for NZAT Construction without a valid work visa and was later denied wages and employment protections on the basis that the arrangement was not lawful employment. He claimed employee status, arrears and constructive dismissal.

Matched passage: The Authority found the prolonged non-payment, combined with the message that Mr Wong was no longer needed on site, amounted to an unjustified constructive dismissal.
Payal v JB Hospitality Ltd [2026] NZERA 18 - Constructive dismissal, wage arrears, and premium payments

Payal worked for JB Hospitality in a relationship involving unpaid wages and alleged premium payments. She resigned after the employment problems persisted and argued that the employer's breaches were sufficiently serious to amount to constructive dismissal.

Matched passage: Key findings (plain English) Constructive dismissal: The Authority was satisfied the employer's breaches were serious enough that resignation was reasonably foreseeable.
JAGJIT SINGH v L&B FOODS LIMITED and ANOR [2026] NZERA 13 - Unjustified dismissal upheld; $8,933 remedies (reduced) plus wage arrears.

Kitchen hand Jagjit Singh was dismissed immediately after the employer believed he had attended work intoxicated and later returned to the restaurant. There was no paper trail of prior warnings or a proper investigation before the phone-call and email dismissal.

Matched passage: The Authority accepted there were substantive concerns, but found the dismissal process was significantly deficient and the defects were not "minor".
OCO v ZUA [2025] NZERA 790 - Constructive dismissal after unfair suspension and defective disciplinary process

OCO resigned after being suspended and put through a disciplinary process by ZUA. The case centred on whether the suspension and investigation were fair and whether the employer's cumulative conduct was serious enough to make the resignation a constructive dismissal.

Matched passage: At a glance Citation: [2025] NZERA 790 Registry: Christchurch Parties: OCO v ZUA Authority member: Philip Cheyne Investigation meeting: 13 and 14 May 2025, and 13 June 2025, in Christchurch Determination date: 5 December 2025 Outcome: Constructive dismissal established.
Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - indefinite paid suspension over prescribed medicinal cannabis; employer silence led to constructive dismissal; $33,545.75 awarded plus $4,571.55 costs/fee

Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.

Matched passage: ... grievances: unjustified disadvantage (an indefinite paid suspension) and unjustified dismissal by constructive dismissal (a resignation caused by serious employer breach and prolonged silence). The case also highlights how an employer's failure to communicate can breach ...
MON v ALLIED AUTO PARTS LIMITED [2025] NZERA 590 - dismissal by text unjustified; no contribution

Allied Auto Parts dismissed Mr Mon by text message and required him to work out two weeks' notice. The employer later relied on concerns about working from home and other matters, but no proper disciplinary or dismissal process had been carried out.

Matched passage: At a glance Citation: [2025] NZERA 590 Registry: Wellington Parties: MON v ALLIED AUTO PARTS LIMITED Authority member: Claire English Hearing date: 4 February 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).

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