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Results for unjustified dismissal

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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?
CHAND v ROHITS CIVIL & INFRASTRUCTURE LIMITED (IN LIQUIDATION) [2025] NZERA 574 - telephone dismissal unjustified

Mr Chand said Rohits Civil & Infrastructure dismissed him during a telephone conversation; the company disputed that account. The ERA had to decide whether the words and surrounding circumstances objectively brought the employment relationship to an end.

Matched passage: ... 18 July and 6 December 2024 (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues. Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues. In summary, Mr Chand claimed he was unjustifiably ...
CANALES v THERMASHIELD LIMITED [2025] NZERA 522 - employment existed before first day; dismissal by text unjustified

Mr Canales accepted a part-time window-installer job with Thermashield but missed his intended first day because of a migraine. The case turned on whether an employment relationship had already been formed and whether later text messages brought it to an end.

Matched passage: At a glance Citation: [2025] NZERA 522 Registry: Wellington Parties: CANALES v THERMASHIELD LIMITED Authority member: Natasha Szeto Hearing date: 16 May 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269 - Probationary period dismissal held unjustified; $9,000 compensation + $14,040.40 lost wages; penalties dismissed

Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.

Matched passage: If you are facing a probationary-period dismissal, performance concerns, attendance allegations, or an ERA investigation meeting, we can help with strategy, documents, and representation.
PIACUN v COOPER NO 1 LIMITED and Anor [2025] NZERA 32 - business sale did not avoid notice; dismissal unjustified

Cooper No 1 sold its business and told Ms Piacun her employment was ending, without paying a notice period. The ERA considered whether the sale itself ended employment or whether Cooper had taken the initiative to terminate her contract.

Matched passage: At a glance Citation: [2025] NZERA 32 Registry: Auckland Parties: PIACUN v COOPER NO 1 LIMITED and Anor Authority member: Antoinette Baker Hearing date: 1 October 2024 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
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: At a glance Citation: [2025] NZERA 11 Registry: Christchurch Parties: JOHNSTONE v ZXY Authority member: Lucia Vincent Hearing date: 24 and 25 September 2024 Determination date: 15 January 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
WYETH v HANSEN PRODUCTS (NZ) LIMITED [2025] NZERA 92 - unjustified dismissal

This costs determination followed Christopher Wyeth's partly successful employment case against Hansen Products. The dispute was whether costs should be reduced because he had rejected a $10,000 Calderbank settlement offer before the substantive determination.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

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