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Results for unfair dismissal

Showing 89-96 of 321 results
Robert Tunnicliffe v Solly's Freight (1978) Limited [2026] NZERA 91 - dismissed over limited-licence application; dismissal unjustified

Robert Tunnicliffe could not perform his ordinary driving duties and Solly's Freight placed him on alternative work while a limited-licence issue was being worked through. The relationship deteriorated over who should progress and pay for the licence application, and Solly's dismissed him on 24 April 2024.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
LJB v EBD [2026] NZERA 78 - resigned employee sent home mid-notice with no process; dismissal unjustified; $16,500 compensation plus $9,000 penalties for withheld wages and missing time records

LJB had already resigned and was working out one month's notice when EBD's HR manager called her to a meeting, told her to clear her desk and sent her away before the notice period expired. No allegations or supporting material had been put to her in advance and she had no genuine opportunity to respond.

Matched passage: ... marketing and events assistant (14 November 2022 to 10 April 2024) Key issues: (1) dismissal vs resignation / agreed early finish; (2) unjustified dismissal (process); (3) Wages Protection Act 1983 breach for withholding wages; (4) s 130 wages and time record breach; ...
Melissa Williams v S & M Haulage Limited (t/a Johnson Log Haulage) [2026] NZERA 74 - truck driver dismissed after one day; no valid 90-day trial clause; unjustified dismissal on process; remedies reduced for contribution

Melissa Williams was dismissed after a single day driving for S & M Haulage, which believed a 90-day trial applied and had genuine safety and resourcing concerns about her readiness for the role. The ERA examined whether there was a valid trial clause and whether she was given any chance to respond before termination.

Matched passage: That matters because probation does not remove the right to bring an unjustified dismissal grievance (the normal s 103A test still applies).
Kyle Spencer v Modern Transport Engineers Limited [2026] NZERA 60 - dismissal unjustified due to non-minor process defects; $12,000 compensation and employer damages offset

Modern Transport Engineers had evidence capable of supporting serious-misconduct concerns against Kyle Spencer, while also counterclaiming for unauthorised private work and purchases. However, it stood him down early, relied on undisclosed staff discussions and ran a process carrying signs of predetermination.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
Yifu Jiang v Smartrade Limited [2026] NZERA 56 - fixed-term clause held unlawful; unjustified dismissal; $15,600 lost wages and $12,000 compensation

Smartrade treated Yifu Jiang's employment as ending under a one-year fixed-term clause, but the agreement did not record genuine reasons satisfying s 66. Mr Jiang was also given no meaningful chance to comment before the employer ended the relationship.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
Lillian Shorter v Waiheke Island Supported Homes Trust [2026] NZERA 54 - summary dismissal for alleged sleeping on night shift held unjustified; six months lost wages ordered and $18,750 compensation

Lillian Shorter was summarily dismissed by Waiheke Island Supported Homes Trust after covert video showed her sleeping during night shifts. She said night workers had a recognised practice of sleeping during combined breaks and challenged both the investigation and the unequal treatment of staff.

Matched passage: Even where monitoring is justified, an employer can still lose the case if the wider investigation and decision-making are unfair.
CAMERON ROWETH v MT OUTDOORS LIMITED [2026] NZERA 50 - redundancy dismissal held unjustified due to no consultation on selection; $15,000 compensation, $5,400 lost remuneration, $1,800 notice

Mt Outdoors terminated seasonal retail worker Cameron Roweth's fixed-term role early when winter trading was weaker than expected. The business had a genuine need to reduce labour costs, but selected him for redundancy without consulting him about the selection decision.

Matched passage: Mitigation matters in reimbursement: if an employee is not available for work (for reasons unrelated to the dismissal), reimbursement can be reduced to the period where the loss is still caused by the dismissal.
Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51)

Cook Mark Beveridge was told to 'bugger off' and leave the Ashurst Deer N Duck Inn during a confrontation connected with police concerns about marijuana plants on the owner's property. The employer disputed whether those words had actually ended the employment.

Matched passage: Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51) A cook was told to 'bugger off' and leave the premises amid police concerns about marijuana plants on the owner's property.

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