Casual Employment
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Employee Case Form Read more Dismissal and process requirements Forced resignation and constructive dismissal Costs (ERA and Employment Court)
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Results for constructive dismissal
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If the trial clause or notice is defective, you may still raise a Personal Grievance (PG) for unjustified dismissal.
Need help with a medical incapacity dismissal?
Employee IRD Records for unfair dismissal case.
![Jonathan Rhodes v Barfoot & Thompson Limited [2026] NZERA 543 - medical incapacity dismissal before a genuine opportunity to recover](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Medical Incapacity Dismissal
The dismissal was unjustified and Barfoot & Thompson was ordered to pay $30,000 compensation.
Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Performance Management and PIPs
The ERA found there was no valid trial or probationary period, the qualification and performance grounds did not justify dismissal, and the outcome was predetermined.
Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Performance Management and PIPs
The ERA found he did not receive a clear and reasonable opportunity to respond, making his dismissal and suspension unjustified.
Her summary dismissal over expired promotional gifts and a back-office passcode was also unjustified because relevant evidence of common store practice and staff deception was not properly investigated.
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