ClickCease

Results for unfair dismissal

Showing 73-80 of 321 results
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: ... with several direct reports in a busy call centre environment Key issue: medical incapacity dismissal; whether the final decision was procedurally fair Outcome: unjustified dismissal established Reinstatement: declined Lost wages: declined Compensation: $25,000 assessed, ...
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: Traffica would then have been required to genuinely consider that response before deciding whether dismissal was warranted.
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: ... meeting lasted a full day The short point This is a straightforward but useful unfair dismissal case. Dallison had concerns about Mr Huntley-Byrne's work, including attendance, cleanliness, work practices, customer-facing conduct, and the way the café was closed on ...
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: ... service: approximately 14 years Key issues: delayed disciplinary process; two suspensions; unjustified dismissal; reinstatement; lost wages; compensation; sick leave reimbursement; good faith; breach of collective agreement; penalty against the Trust Outcome: personal ...
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

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.

Matched passage: ... Determination date: 22 May 2026 Employment: professional Class 5 Driver Key issues: unjustified dismissal; unjustified suspension; drug and alcohol testing; reasonable cause testing; refusal to test; serious misconduct; verification of complaint; procedural fairness; ...
Anna Murgatroyd v Xero (NZ) Limited [2026] NZERA 305 - redundancy procedurally unfair but no sham; compensation and lost wages ordered

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.

Matched passage: ... Specialist, employed from 15 November 2021 until redundancy on 6 December 2024 Key issues: unjustified dismissal; unjustified disadvantage; redundancy; alleged predetermination; Miro board; secondment; complaint about manager; selection panel fairness; redeployment; ...
Deborah Eyles v Bottlers Limited [2026] NZERA 300 - no redundancy process, unexplained stand down and dismissal; $20,000 compensation ordered

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.

Matched passage: ... agreement also referred to Student Support Mentor/Housekeeping Assistant Key issues: unjustified dismissal; alleged redundancy; no restructuring process; no reasons in termination letter; incident investigation; stand down or failure to roster; average hours; ...
Layth Abu-Laban v Everest Corporation Limited [2026] NZERA 292 - permanent automotive technician dismissed after employer tried to treat employment as an unrenewed one-year contract; unjustified dismissal upheld; employer counterclaim failed

Everest Corporation told automotive technician Layth Abu-Laban that his employment would end because an alleged one-year contract would not be renewed. His agreement was actually permanent, and the employer later relied on allegations of poor workmanship, customer solicitation, misuse of property and theft.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.

Browse topics