The business had moved and quietly shifted operations from one company to a related company.
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Results for ERA
In Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 (Auckland), the ERA found Mr Isaako was an employee (not a contractor) and was unjustifiably dismissed by a text message.
ERA held the employee was not dismissed after a confrontation on a removal job, so the unjustified dismissal claim failed.
The ERA held the conduct relied on did not meet the serious misconduct threshold and the dismissal was unjustified.
The ERA accepted insolvency drove the closure, but held redundancy consultation was still required and the dismissal was unjustified.
The ERA found the employer dismissed an anonymised truck driver by effectively "running dead" after a heated meeting, then leaving him suspended without pay while the director was overseas.
Mr Wang says that he was dismissed and has made grievance claims for unjustified dismissal and disadvantages during his employment including bullying and harassment, unilateral shift changes and.
The letter referred to matters set out by WRW in her resignation letter and several additional matters.
