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Results for unfair dismissal

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Kyle Spencer v Modern Transport Engineers Limited [2026] NZERA 60 - dismissal unjustified due to non-minor process defects; $12,000 compensation and employer damages offset

Modern Transport Engineers had evidence capable of supporting serious-misconduct concerns against Kyle Spencer, while also counterclaiming for unauthorised private work and purchases. However, it stood him down early, relied on undisclosed staff discussions and ran a process carrying signs of predetermination.

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.
Yifu Jiang v Smartrade Limited [2026] NZERA 56 - fixed-term clause held unlawful; unjustified dismissal; $15,600 lost wages and $12,000 compensation

Smartrade treated Yifu Jiang's employment as ending under a one-year fixed-term clause, but the agreement did not record genuine reasons satisfying s 66. Mr Jiang was also given no meaningful chance to comment before the employer ended the relationship.

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.
Lillian Shorter v Waiheke Island Supported Homes Trust [2026] NZERA 54 - summary dismissal for alleged sleeping on night shift held unjustified; six months lost wages ordered and $18,750 compensation

Lillian Shorter was summarily dismissed by Waiheke Island Supported Homes Trust after covert video showed her sleeping during night shifts. She said night workers had a recognised practice of sleeping during combined breaks and challenged both the investigation and the unequal treatment of staff.

Matched passage: Even where monitoring is justified, an employer can still lose the case if the wider investigation and decision-making are unfair.
CAMERON ROWETH v MT OUTDOORS LIMITED [2026] NZERA 50 - redundancy dismissal held unjustified due to no consultation on selection; $15,000 compensation, $5,400 lost remuneration, $1,800 notice

Mt Outdoors terminated seasonal retail worker Cameron Roweth's fixed-term role early when winter trading was weaker than expected. The business had a genuine need to reduce labour costs, but selected him for redundancy without consulting him about the selection decision.

Matched passage: Mitigation matters in reimbursement: if an employee is not available for work (for reasons unrelated to the dismissal), reimbursement can be reduced to the period where the loss is still caused by the dismissal.
Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51)

Cook Mark Beveridge was told to 'bugger off' and leave the Ashurst Deer N Duck Inn during a confrontation connected with police concerns about marijuana plants on the owner's property. The employer disputed whether those words had actually ended the employment.

Matched passage: Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51) A cook was told to 'bugger off' and leave the premises amid police concerns about marijuana plants on the owner's property.
Fuyu Zhuo v BNS Co Limited and BNS Group Limited [2026] NZERA 45 - unjustified summary dismissal over till cash allegations; employer fidelity claim fails; $15,000 compensation and $3,000 penalty

Fuyu Zhuo was summarily dismissed and trespassed from a hospitality business after allegations that he had taken cash from the till. The employer's case also included a fidelity claim, while Mr Zhuo challenged the lack of a fair investigation and sought wage and holiday entitlements.

Matched passage: If you are dealing with a dismissal, or you have been accused of misconduct and the employer is moving fast, get advice early.
Julie Curtis v Affordable UK Caravans and Parts Limited [2026] NZERA 46 - constructive dismissal after employer refused wages and delayed return; $25,000 compensation

Julie Curtis had a regular 20-hour week with Affordable UK Caravans when the employer told her there was no work until mid-January and refused to pay her contracted hours. She treated the prolonged exclusion from paid work as a serious breach and resigned.

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.
Yu Chunyan, Sun Tingting, Liu Danhua, Zhang Shijie v Miaodi's Laundromat Ltd t/a Mr Suds and Yang Yang [2026] NZERA 31 - Unjustified dismissal, wage arrears, compensation and penalty

Four workers at Miaodi's Laundromat alleged their employment was ended without a fair process and that significant wage and holiday entitlements had not been paid. The proceeding also involved personal liability and penalties for minimum employment-standard breaches.

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.

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