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Results for unjustified dismissal

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BLIGNAUT v WASTE MANAGEMENT NZ LIMITED [2025] NZERA 560 - The personal grievance for unjustified disadvantage was upheld.

Mr Blignaut challenged Waste Management's treatment of him during a workplace conflict, including alleged bullying, suspension and pressure to resign, before he was ultimately dismissed for alleged serious misconduct. The ERA considered both the pre-dismissal disadvantage claims and the termination itself.

Matched passage: The Authority found there is evidence of hurt, humiliation and injury to feelings connected Mr Blignaut's unjustified dismissal, the severity of which was compounded by preexisting personal features.
NAIR v MODERN AUTO REPAIR CENTRE LIMITED and Anor [2025] NZERA 28 - dismissal and wage claims upheld after conflicting accounts

Modern Auto Repair said Mr Nair resigned after a heated argument; Nair alleged he was dismissed and also pursued wage and holiday-pay issues. The ERA had to resolve conflicting evidence about how the employment ended and what money remained owing.

Matched passage: ... (and by audio-visual link) (4 Days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues. Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues. In summary, However, Mr Sharma has since resiled from that ...
Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified

Ilalio Solomona was dismissed by Auckland Council after conflict-of-interest concerns about his outside personal-training business. Although his employment obligations could legitimately restrict outside activity, the disciplinary process did not put the contractual obligations actually relied on to him for response.

Matched passage: ... date: 26 June 2026 Role: Fitness Instructor, Birkenhead Pool and Leisure Centre Dismissal: Summary dismissal for alleged serious misconduct on 7 February 2025 Key issues: outside personal-training business; conflict declarations; social-media videos made at the ...
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: ... with several direct reports in a busy call centre environment Key issue: medical incapacity dismissal; whether the final decision was procedurally fair Outcome: unjustified dismissal established Reinstatement: declined Lost wages: declined Compensation: $25,000 assessed, ...
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: ... of house duties Key issues: close-up duties; alleged rule breaches; final warning letter; dismissal by text message; lack of disciplinary meeting; support person rights; wage and time records Dismissal outcome: unjustified dismissal established Lost wages: $8,299.20 gross ...
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: The Authority also addressed the argument sometimes raised in redundancy cases: that a procedural defect should only produce an unjustified disadvantage finding, not unjustified dismissal.
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: SHL was responsible for and wholly in control of the process which has resulted in Mr Pio's dismissal.
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: Unjustified dismissal: abandonment vs fair process NZKL's position was that Ms Rimple was due back from leave on 16 February 2025 and had abandoned employment by not returning.

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