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Results for unjustified dismissal

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Juliet Hull v Sleaktek Limited and Robert Lawrence [2026] NZERA 579 - CEO wins dismissal and disadvantage claims

Sleaktek stopped paying chief executive Juliet Hull, pursued a redundancy process she said was predetermined and later raised serious-misconduct allegations that had not been fairly put to her. The case also concerned director Robert Lawrence's personal involvement.

Matched passage: The real reason and a fair process must exist when the dismissal decision is made.
Sasha Lee v JNJ Management Limited and National Holdings Limited [2026] NZERA 309 - redundancy unjustified, duties removed without consultation, wage arrears and holiday pay ordered

Sasha Lee performed management, HR and operational work across JNJ group businesses before duties were removed and her position was later declared redundant. She challenged both the unilateral reduction of responsibilities and the redundancy process, together with wage and holiday-pay issues.

Matched passage: ... of the JNJ Group, with broader group duties in practice Key issues: joint employment; unjustified disadvantage; removal of duties; safe workplace; redundancy; predetermination; wage arrears; salaried employee additional hours; annual holidays; public holidays; ...
Deborah Eyles v Bottlers Limited [2026] NZERA 300 - no redundancy process, unexplained stand down and dismissal; $20,000 compensation ordered

Deborah Eyles was stood down from her supervised-contact work and later dismissed in circumstances the employer characterised as redundancy. She challenged both the unexplained removal from work and the absence of any genuine consultation or fair redundancy process.

Matched passage: ... agreement also referred to Student Support Mentor/Housekeeping Assistant Key issues: unjustified dismissal; alleged redundancy; no restructuring process; no reasons in termination letter; incident investigation; stand down or failure to roster; average hours; ...
Craig (Andrew) Campbell v Qube Ports NZ Limited [2026] NZERA 174 - interim reinstatement ordered after medical incapacity dismissal; asthma/dust exposure dispute

A Port of Tauranga stevedore was dismissed for medical incapacity after an asthma flare during dusty palm-kernel work. He sought interim reinstatement, arguing there was a serious dispute about the actual exposure risk, his capacity for modified duties and the employer's consideration of alternatives.

Matched passage: Interim reinstatement is possible: where there is a credible case on unjustified dismissal and reinstatement, interim reinstatement can be ordered to preserve the employment relationship while the merits are determined.
Cameron Wong v Obers Brothers Construction Limited (in liquidation) [2025] NZERA 713 - dismissal, unpaid leave and $17,500 compensation

Painter Cameron Wong was told to pack his belongings and leave after a workplace confrontation, then received only part of his final entitlements. Obers Brothers Construction, already in liquidation, did not participate in the ERA investigation.

Matched passage: The ERA found the dismissal unjustified and made awards for unpaid holiday entitlements, notice, lost wages and hurt and humiliation.
PETERSEN v EDGECUMBE SUPERMARKET LIMITED [2025] NZERA 473 - told to leave and surrender uniform amounted to dismissal

Edgecumbe Supermarket said Mrs Petersen was merely suspended after refusing an instruction and that her employment was going to end anyway because of overseas travel. Petersen said she was told to leave, surrender her uniform and was threatened with trespass, which objectively conveyed that she had been fired.

Matched passage: At a glance Citation: [2025] NZERA 473 Registry: Wellington Parties: PETERSEN v EDGECUMBE SUPERMARKET LIMITED Authority member: Shane Kinley Hearing date: 30 May 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
WATSON v ALCHEMY BUILDERS LIMITED and Anor [2025] NZERA 265 - disadvantage claim fails but dismissal grievance succeeds

Mr Watson challenged a written warning and later alleged he was constructively dismissed after his relationship with Alchemy Builders deteriorated and he was removed from a workplace WhatsApp group. Timeliness affected the earlier disadvantage grievance.

Matched passage: ... 2025 Determination date: 13 May 2025 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, Second, he alleged he was unjustifiably ...
Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified

Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.

Matched passage: ... Limited Role: Acidulation Plant Operator Service: approximately 30 years Outcome: unjustified dismissal and unjustified disadvantage by suspension Contribution: 30 percent Costs: reserved Safety-watch incident at a hazardous plant Mr Dickson began working for Ballance ...

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