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Results for dismissal process

Showing 97-104 of 204 results
Jennifer Jacobsen v Cube Innovations Limited [2026] NZERA 356 - invalid trial period, no notice, and dismissal by email

Jennifer Jacobsen was dismissed by email only days into part-time work for Cube Innovations. Cube relied on a 90-day trial even though the evidence indicated she had started work before signing the agreement and the employer had not given the contractual notice required by the clause.

Matched passage: ... rate: $29 per hour Expected hours: Monday, 8:30am to 3:00pm with a half-hour lunch break Dismissal date: 4 March 2025 Trial period: held invalid / unavailable to protect the dismissal Unjustified dismissal: established Unjustified disadvantage: established for failure to ...
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.

Matched passage: ... date: 22 May 2026 Employment: professional Class 5 Driver Key issues: unjustified dismissal; unjustified suspension; drug and alcohol testing; reasonable cause testing; refusal to test; serious misconduct; verification of complaint; procedural fairness; contribution ...
John Pio v Strautmann Hopkins [2026] NZERA 164 - genuine redundancy but rushed consultation made dismissal unjustified

Regional sales manager John Pio was made redundant after Strautmann Hopkins lost the distribution licence underpinning its business. The redundancy had a genuine commercial basis, but Pio was given little warning, very limited time to seek advice and no meaningful opportunity to explore transfer or redeployment.

Matched passage: SHL was responsible for and wholly in control of the process which has resulted in Mr Pio's dismissal.
Clive Bryham v Electrix Limited (trading as Omexom New Zealand) [2026] NZERA 147 - interim reinstatement granted; arguable unjustified dismissal where employer alleged reputational harm without evidence

Clive Bryham, a long-serving field operations manager, was dismissed after Omexom alleged he mishandled an 'illegal connection' incident involving a direct report and exposed the business to reputational risk with a key client. He sought interim reinstatement pending final determination of his dismissal and disadvantage grievances.

Matched passage: Serious question to be tried The ERA did not decide whether the dismissal was ultimately justified.
Rimple Rimple v NZ - Kebabs Limited, Rupinder Kaur Bal, Gursahib Singh Dhillon, and Harpal Bal [2026] NZERA 128 - premium sought for AEWV role; abandonment dismissal unjustified after visa cancellation; $22,620 lost wages, $14,000 compensation, $16,000 penalty plus entitlements

A Rotorua kebab restaurant recruited Rimple Rimple from India on an AEWV, with evidence that a director sought a $34,000 payment to secure the job. After visa difficulties the employer treated him as having abandoned employment and stopped providing work.

Matched passage: Unjustified dismissal: abandonment vs fair process NZKL's position was that Ms Rimple was due back from leave on 16 February 2025 and had abandoned employment by not returning.
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: It was therefore an impromptu dismissal without any process.
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: Because the fixed term was not lawful, ending the employment by notice was a dismissal, and the employer was required to run a fair process.
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).

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