... racial harassment), but it often sits inside unjustified disadvantage, constructive dismissal, and good faith failures. It also engages health and safety duties under the Health and Safety at Work Act 2015 (HSWA): ...
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He was entitled to family violence leave and JIK's decision not to roster him again was a dismissal.
Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Redundancy
Unjustified Disadvantage
The ERA accepted the redundancy was genuine and the dismissal was substantively justified, but found significant good faith/consultation defects - including failure to proactively disclose information.
228 articles
New Zealand unfair dismissal (unjustified dismissal) case summaries from the Employment Relations Authority (ERA), explaining key facts, outcomes, and lessons for employees and employers.
Practical help for New Zealand employers considering dismissal, disciplinary action, suspension, warnings, serious misconduct, poor performance, and Personal Grievance risk.
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If the suspension contributes to a later dismissal or resignation, the entire sequence may also become relevant to an unfair dismissal or constructive dismissal claim.
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... good faith, discrimination or harassment, retaliation, an unsafe workplace, or constructive dismissal where the employer's conduct ultimately causes a resignation. Time limits need to be considered carefully. Do not assume that an ongoing ...
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... properly. Employment claims that may suit No Win No Fee Unfair / unjustified dismissal Unfair redundancy Constructive dismissal Invalid 90-day trial dismissal Unjustified disadvantage Disciplinary and suspension disputes Wage, ...
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