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JOHNSTONE v ZXY [2025] NZERA 11 - care worker's summary dismissal unjustified; hindsight undermined the process

A care worker with 21 years' service was summarily dismissed after a resident incident, principally for not calling an ambulance. The ERA examined whether the employer judged her conduct with hindsight and fairly considered what she actually knew, her explanations and gaps in workplace policies and practice.

Matched passage: Disciplinary Process Following further investigation, ZXY wrote to Ms Johnstone in a letter dated 12 May 2023 notifying her of a disciplinary meeting and convening a formal disciplinary meeting to hear her responses to allegations of serious misconduct.
Jacob Maarschalk v West Auckland Trust Services Limited [2024] NZERA 333 - Unjustified disadvantage found over rostering changes and flawed final written warning; $8,500 ordered

Jacob Maarschalk was contracted for 25 hours a week but was regularly rostered for substantially more at West Auckland Trust Services. The dispute concerned later roster changes and a final written warning, including whether he was given a fair opportunity to comment before those decisions affected his employment.

Matched passage: The Trusts moved from an 'informal' meeting to a formal disciplinary meeting and then issued a first and final written warning on 3 April 2023.
Brad Capper v CJS Construction [2023] NZERA 314 - unjustified dismissal; 50% contribution; no lost wages

Brad Capper's short employment with CJS Construction ended in a dismissal that the employer did not attempt to justify under a 90-day trial clause. The case turned on dismissal fairness, his own contribution and whether he had proved efforts to mitigate lost wages.

Matched passage: Contribution is not a substitute for an employer carrying out a proper disciplinary or performance process.
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: A disciplinary meeting was held on 26 February 2018 with union representation.
Sukhmanpreet Singh v JIT Limited, Davinder Pal and Harmanpreet Kaur Sandhu [2026] NZERA 453 - forced leave request, unjustified suspension and dismissal

Sukhmanpreet Singh's dispute with JIT arose after he was pressed to submit an annual-leave request and a confrontation followed. JIT then cancelled his shifts on claimed mental-stress grounds and later dismissed him for serious misconduct, while the ERA examined the conduct of both sides.

Matched passage: One-sided discipline problem: a fair employer could not decide serious misconduct by weighing only the employee's reaction while ignoring the manager/director conduct that formed part of the same incident and helped create the situation.
Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.

Matched passage: There was no serious-misconduct basis for avoiding notice.
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.

Sasha Lee v JNJ Management Limited and National Holdings Limited [2026] NZERA 309 - redundancy unjustified, duties removed without consultation, wage arrears and holiday pay ordered

Sasha Lee performed management, HR and operational work across JNJ group businesses before duties were removed and her position was later declared redundant. She challenged both the unilateral reduction of responsibilities and the redundancy process, together with wage and holiday-pay issues.

Matched passage: ... salaried employee additional hours; annual holidays; public holidays; after-acquired misconduct; remedies Outcome: Ms Lee was employed by JNJ only; unjustified disadvantage and unjustified dismissal were established against JNJ Total ordered: $105,342.25 gross wage ...

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