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Results for unfair dismissal

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MAIORENKO v NEXT GENERATION HOMES LIMITED [2026] NZERA 28 - Unjustified dismissal upheld; $12,000 compensation; $7,000 lost wages; wage arrears ordered.

Next Generation Homes stopped providing Mr Maiorenko with work and ceased communicating with him after he queried pay and future work. The case concerned whether that conduct itself ended the employment relationship and what wage arrears remained outstanding.

Matched passage: At a glance Citation: [2026] NZERA 28 Registry: Auckland Parties: MAIORENKO v NEXT GENERATION HOMES LIMITED Outcome: Unjustified dismissal upheld.
Sinclair-Walker v Alert Monitoring Otago (1994) Limited [2026] NZERA 29 - unjustified dismissal; $25,000 compensation and $16,900 lost remuneration

Alert Monitoring dismissed Carl Sinclair-Walker for alleged serious misconduct after raising three concerns about his work performance. The ERA examined whether those concerns and the process used could justify immediate termination.

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.
MA v NO.2 NOODLE NZ LIMITED [2026] NZERA 25 - Unjustified dismissal upheld; $9,500 compensation; one week wages; $500 penalty.

Ms Ma's short restaurant employment ended after management announced reduced hours and a disputed phone call, followed by her omission from the next roster. The employer said she was casual and had abandoned employment.

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.
ZHANG v PENG and ANOR [2026] NZERA 16 - Constructive dismissal upheld; $18,000 compensation; $62,831 wage arrears; $3,730 premium repaid.

Mr Zhang paid a $3,730 premium to obtain restaurant employment and later accumulated substantial unpaid wages. He resigned after the employment relationship deteriorated and argued the employer's breaches had forced that resignation.

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.
Jimmy Nelson v The Digger Man Limited [2025] NZERA 835 - dismissal for unexplained absences held unjustified on process; remedies reduced 50% for contribution; $720 lost wages and $5,000 compensation

Jimmy Nelson was dismissed by The Digger Man after repeated attendance problems and unexplained absences. The employer had genuine concerns, but the issue was whether it gave him a final, fair opportunity to understand the seriousness of the latest incidents and explain himself before termination.

Matched passage: ... meeting: 1 August 2025 (Wellington) Determination date: 19 December 2025 Claims: unjustified dismissal; alleged unlawful wage deductions; rest and meal breaks; wage/time records; penalties; costs Outcome: unjustified dismissal upheld; most other claims not made out; ...
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Matched passage: Unjustified dismissal: whether the suspension and termination met the s 103A test (substance and process).
KMW v ZIB Digital Limited [2025] NZERA 806 - redundancy consultation called a 'charade'; unjustified dismissal; $47,692.30 awarded

KMW was selected for redundancy by ZIB Digital after a process the employee said had been predetermined and gave consultation no real prospect of changing the outcome. The ERA examined the business rationale, the information provided and whether the consultation was genuine.

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.
Jingsheng Liu v Legend International Holdings Limited, Hongyu Holding Limited and Wang Yu [2025] NZERA 702 - unjustified dismissal by 'no work next week' text; 4 weeks lost wages + notice arrears; $15,000 compensation; penalties and s 142Y leave

Cabinet maker Jingsheng Liu was told by text that there would be no work the following week after the business moved and operations shifted between related companies. There had been no consultation, termination process or reasonable notice.

Matched passage: That was an unjustified dismissal.

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