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Results for unjustified disadvantage

Showing 97-104 of 171 results
TRANG BUI v HUYNH [2025] NZERA 72 - dismissal and employment-entitlement claims partly successful

Trang Bui worked in a small hospitality business where the parties disputed pay, working arrangements and the circumstances in which her employment ended. The ERA considered dismissal and disadvantage claims alongside minimum employment entitlement issues.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: Why the bullying / unjustified disadvantage claim failed Mr McDonald also alleged that he had been unjustifiably disadvantaged by Mr Ahmed's aggressive behaviour during meetings in 2023.
Good faith in New Zealand employment law - what section 4 requires

A practical explanation of the statutory duty of good faith in s 4 of the Employment Relations Act, including active and constructive conduct, responsiveness, communication and disclosure before adverse decisions.

Matched passage: Good faith is not the same as a personal grievance A breach of good faith does not automatically mean an employee has been unjustifiably dismissed or disadvantaged.
Workplace bullying in New Zealand: what it is and what you can do

What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.

Matched passage: If an employer fails to keep someone safe, that can be an unjustified disadvantage (and sometimes constructive dismissal).
Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: In simple terms: If an employee's annual remuneration meets or exceeds the specified threshold (starting at $200,000), they cannot bring a personal grievance for unjustified dismissal , or for unjustified disadvantage that relates to the dismissal.
Yang (Helen) Feng v Dong Construction and Dong Wang [2026] NZERA 132 - trial-period defence fails; dismissal and entitlement breaches established

Yang (Helen) Feng worked for Dong Construction in circumstances involving a disputed trial period and claims for unpaid employment entitlements. The ERA examined whether the trial clause could lawfully prevent a dismissal grievance and what wages or other payments remained owing.

Matched passage: ... the respondents; (c) Penalty claims against each respondent for the breach of the WPA; (d) Unjustified disadvantage, breach of good faith and breach of her employment agreement by Dong Construction due to its failure to provide Ms Feng with work or wages after she arrived in ...
Wallace v Tang & Son Ltd [2026] NZERA 67 - husband-and-wife chefs dismissed after management conflict; both succeed; $95,448 ordered

Husband-and-wife chefs working at Buoy Café were dismissed after an escalating conflict with new management. The employer did not properly investigate the allegations or give either employee a genuine opportunity to respond before deciding to terminate them.

Matched passage: The Authority noted that even if there is some wrongdoing, a process failure can still make a dismissal unjustified unless the defects are truly minor and would not have changed the outcome.
CHASE-PONA v COIN TOTAL WELLINGTON LIMITED and Anor [2025] NZERA 428 - dismissed during notice period; constructive dismissal in alternative

Mr Chase-Pona resigned after workplace disputes including a theft allegation, but Coin Total terminated his employment before his notice period expired. The ERA had to determine whether the employment ended by resignation, dismissal or constructive dismissal.

Matched passage: Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.

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