ClickCease

Results for unjustified dismissal

Showing 89-96 of 325 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: Unjustified dismissal claim I have found that Solly's terminated Mr Tunnicliffe for failing to progress his limited licence application, after matters became heated when Mr Tunnicliffe asked for Solly's to pay.
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; ...
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: Outcome on dismissal: Unjustified dismissal (personal grievance upheld), primarily due to significant process defects.
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: ... and 29 August and 16 October 2025 in Auckland Determination date: 30 January 2026 Outcome: Unjustified dismissal grievance upheld; disadvantage grievances not established; reinstatement declined; monetary remedies ordered. Publication note: The determination begins with a ...
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: Outcome: Unjustified dismissal upheld (selection for redundancy not justified due to lack of consultation).
Fuyu Zhuo v BNS Co Limited and BNS Group Limited [2026] NZERA 45 - unjustified summary dismissal over till cash allegations; employer fidelity claim fails; $15,000 compensation and $3,000 penalty

Fuyu Zhuo was summarily dismissed and trespassed from a hospitality business after allegations that he had taken cash from the till. The employer's case also included a fidelity claim, while Mr Zhuo challenged the lack of a fair investigation and sought wage and holiday entitlements.

Matched passage: The Authority rejected the fidelity claim and found the dismissal was unjustified.
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; ...
Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612 - summary dismissal held unjustified; reinstatement declined; $20,000 compensation after contribution

Fire and Emergency summarily dismissed Crawford Morris after complaints about interactions with a female volunteer firefighter, including comments about physical capability and a later dispute over protective clothing. The ERA examined whether insensitive conduct reached the serious-misconduct threshold.

Matched passage: Need help with a PG for unjustified dismissal?

Browse topics