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Results for unfair dismissal

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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: If you are dealing with a dismissal, or you have been accused of misconduct and the employer is moving fast, get advice early.
Julie Curtis v Affordable UK Caravans and Parts Limited [2026] NZERA 46 - constructive dismissal after employer refused wages and delayed return; $25,000 compensation

Julie Curtis had a regular 20-hour week with Affordable UK Caravans when the employer told her there was no work until mid-January and refused to pay her contracted hours. She treated the prolonged exclusion from paid work as a serious breach and resigned.

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.
Yu Chunyan, Sun Tingting, Liu Danhua, Zhang Shijie v Miaodi's Laundromat Ltd t/a Mr Suds and Yang Yang [2026] NZERA 31 - Unjustified dismissal, wage arrears, compensation and penalty

Four workers at Miaodi's Laundromat alleged their employment was ended without a fair process and that significant wage and holiday entitlements had not been paid. The proceeding also involved personal liability and penalties for minimum employment-standard breaches.

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.
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; ...

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