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Results for unfair dismissal

Showing 73-80 of 266 results
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: Unjustified dismissal can still arise in redundancy: material procedural defects that cause unfairness are capable of grounding an unjustified dismissal finding.
Craig (Andrew) Campbell v Qube Ports NZ Limited [2026] NZERA 174 - interim reinstatement ordered after medical incapacity dismissal; asthma/dust exposure dispute

A Port of Tauranga stevedore was dismissed for medical incapacity after an asthma flare during dusty palm-kernel work. He sought interim reinstatement, arguing there was a serious dispute about the actual exposure risk, his capacity for modified duties and the employer's consideration of alternatives.

Matched passage: Interim reinstatement is possible: where there is a credible case on unjustified dismissal and reinstatement, interim reinstatement can be ordered to preserve the employment relationship while the merits are determined.
John Pio v Strautmann Hopkins [2026] NZERA 164 - genuine redundancy but rushed consultation made dismissal unjustified

Regional sales manager John Pio was made redundant after Strautmann Hopkins lost the distribution licence underpinning its business. The redundancy had a genuine commercial basis, but Pio was given little warning, very limited time to seek advice and no meaningful opportunity to explore transfer or redeployment.

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.
Rimple Rimple v NZ - Kebabs Limited, Rupinder Kaur Bal, Gursahib Singh Dhillon, and Harpal Bal [2026] NZERA 128 - premium sought for AEWV role; abandonment dismissal unjustified after visa cancellation; $22,620 lost wages, $14,000 compensation, $16,000 penalty plus entitlements

A Rotorua kebab restaurant recruited Rimple Rimple from India on an AEWV, with evidence that a director sought a $34,000 payment to secure the job. After visa difficulties the employer treated him as having abandoned employment and stopped providing work.

Matched passage: ... Bal, Gursahib Singh Dhillon, and Harpal Bal [2026] NZERA 128 This determination combines an unfair dismissal Personal Grievance (PG) with employment standards findings about a "premium" (paying money to secure a job / visa). It is also a cautionary case about employers treating ...
Gemma Pedersen v Super Vape Store Limited [2026] NZERA 108 - dismissed by WhatsApp on KPI probation grounds without proper training; unjustified disadvantage and dismissal upheld; $15,917.48 ordered

Retail assistant Gemma Pedersen was dismissed by WhatsApp/email during a six-month probation period for allegedly missing sales KPIs. She said she had not received the promised practical training and had never been put through a genuine performance process before termination.

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.
Robert Tunnicliffe v Solly's Freight (1978) Limited [2026] NZERA 91 - dismissed over limited-licence application; dismissal unjustified

Robert Tunnicliffe could not perform his ordinary driving duties and Solly's Freight placed him on alternative work while a limited-licence issue was being worked through. The relationship deteriorated over who should progress and pay for the licence application, and Solly's dismissed him on 24 April 2024.

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.
LJB v EBD [2026] NZERA 78 - resigned employee sent home mid-notice with no process; dismissal unjustified; $16,500 compensation plus $9,000 penalties for withheld wages and missing time records

LJB had already resigned and was working out one month's notice when EBD's HR manager called her to a meeting, told her to clear her desk and sent her away before the notice period expired. No allegations or supporting material had been put to her in advance and she had no genuine opportunity to respond.

Matched passage: ... marketing and events assistant (14 November 2022 to 10 April 2024) Key issues: (1) dismissal vs resignation / agreed early finish; (2) unjustified dismissal (process); (3) Wages Protection Act 1983 breach for withholding wages; (4) s 130 wages and time record breach; ...
Melissa Williams v S & M Haulage Limited (t/a Johnson Log Haulage) [2026] NZERA 74 - truck driver dismissed after one day; no valid 90-day trial clause; unjustified dismissal on process; remedies reduced for contribution

Melissa Williams was dismissed after a single day driving for S & M Haulage, which believed a 90-day trial applied and had genuine safety and resourcing concerns about her readiness for the role. The ERA examined whether there was a valid trial clause and whether she was given any chance to respond before termination.

Matched passage: That matters because probation does not remove the right to bring an unjustified dismissal grievance (the normal s 103A test still applies).

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