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Results for unjustified disadvantage

Showing 81-88 of 171 results
Gary Cotton v Darcee Gosling, Gosling Solutions Limited, and Rob Ralston [2022] NZERA 90 - employer identity dispute; sole trader held liable; summary dismissal unjustified; $19, - orders for lost wages, arrears, holiday pay, and compensation

Gary Cotton's case required the ERA to identify who his employer actually was after work performed through Gosling Solutions and dealings involving Darcee Gosling and Rob Ralston. The case also concerned a summary termination and claims for unpaid employment entitlements.

Matched passage: ... 2022 (First Respondent) Determination date: 16 March 2022 Main issues: employer identity; unjustified dismissal; wage arrears; holiday pay; compensation; contribution; costs Outcome: Darcee Gosling held to be the employer and personally liable; summary dismissal unjustified; ...
Xuefeng Yang v ERA Home Limited [2026] NZERA 695 - migrant worker was an employee despite employer denying relationship

ERA Home denied that Xuefeng Yang had ever become its employee, despite a signed employment agreement, an approved work visa and evidence that he worked at its construction site. The ERA found an employment relationship existed, upheld unjustified dismissal and disadvantage claims, awarded $23,000 compensation and $8,008.20 lost wages plus holiday pay, and imposed a $3,000 penalty on the company.

Matched passage: Paying him below the agreed rate also established unjustified disadvantage.
Nicholas Stalker v Elevate Builders Limited [2026] NZERA 659 - apprentice dismissed by text after repeated wage problems

Apprentice builder Nicholas Stalker experienced repeated late and missing wage payments before being dismissed by text for alleged performance and misconduct without prior warnings, investigation or an opportunity to respond. The ERA upheld unjustified dismissal and disadvantage claims and ordered compensation, 13 weeks' lost wages, substantial arrears, notice pay, holiday pay, a penalty and costs.

Matched passage: ... Limited Role: apprentice builder Contract: 40 hours per week at $28.50 per hour Outcome: unjustified dismissal and unjustified disadvantage established Lost wages: $14,820 gross Compensation: $15,000 Penalty: $2,000 payable to Mr Stalker Costs: $2,000 Regular pay problems ...
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: Unjustified disadvantage requires unjustified employer conduct and an actual disadvantage.
Haochen Guo v Su's Investment Limited [2025] NZERA 805 - suspension without process, bullying, and redundancy while on ACC leave; $25,000 compensation plus arrears and penalty

Haochen Guo was suspended, complained of bullying and was later made redundant while absent on ACC leave. The ERA examined the fairness of the suspension and workplace treatment as well as whether the purported redundancy was genuine and properly consulted on.

Matched passage: pdf"; } Haochen Guo v Su's Investment Limited [2025] NZERA 805 This determination involves multiple personal grievances (unjustified disadvantage and unjustified dismissal) against Su's Investment Limited (SIL), trading as Coffee Studio.
Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - indefinite paid suspension over prescribed medicinal cannabis; employer silence led to constructive dismissal; $33,545.75 awarded plus $4,571.55 costs/fee

Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.

Matched passage: ... as Infinity Dairy [2025] NZERA 592 This determination involves two personal grievances: unjustified disadvantage (an indefinite paid suspension) and unjustified dismissal by constructive dismissal (a resignation caused by serious employer breach and prolonged silence). The ...
BALI v R1i TECHNOLOGY LIMITED [2025] NZERA 409 - Webex dismissal without fair process

R1i Technology dismissed Mr Bali during a Webex meeting and then confirmed the decision in writing. The employer did not participate in the ERA proceeding and the evidence showed no meaningful process satisfying the minimum statutory tests of procedural fairness.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
LI v MASTER Z FOOD LIMITED [2025] NZERA 335 - WeChat evidence showed employer ended employment

Master Z Food said Ms Li resigned during an April 2023 meeting; Li said she was told the decision had already been made to dismiss her and she could merely work out the week. Contemporary WeChat messages were central to resolving who ended the employment.

Matched passage: Decision markers Remedies [38] Ms Li has established a personal grievance for unjustified dismissal.

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