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Results for dismissal process
![Fire and Emergency New Zealand v Kinzett [2026] NZEmpC 119 - ERA dismissal finding overturned](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.
Gregory Clarke was made redundant from Omni Health during financial and organisational change. The ERA accepted the commercial rationale and found no suitable redeployment role, but examined whether a series of consultation and process defects caused a separate unjustified disadvantage even though the redundancy itself was genuine.
Silvertime's store manager summoned Yucen Xi to an evening meeting without explaining its purpose, told her to resign or be fired, demanded her key and called security before any allegations had been fairly raised with her.
Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.
Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.
Friendly Loans dismissed Filisi Beswick for medical incapacity less than four weeks after hospitalisation, despite updated information that her condition had improved and requests to discuss returning or working from home. The employer also deducted $2,439.09 from her final pay for a loan.
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.
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.
