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Results for unfair dismissal

Showing 105-112 of 321 results
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Matched passage: Unjustified dismissal: whether the suspension and termination met the s 103A test (substance and process).
KMW v ZIB Digital Limited [2025] NZERA 806 - redundancy consultation called a 'charade'; unjustified dismissal; $47,692.30 awarded

KMW was selected for redundancy by ZIB Digital after a process the employee said had been predetermined and gave consultation no real prospect of changing the outcome. The ERA examined the business rationale, the information provided and whether the consultation was genuine.

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.
Jingsheng Liu v Legend International Holdings Limited, Hongyu Holding Limited and Wang Yu [2025] NZERA 702 - unjustified dismissal by 'no work next week' text; 4 weeks lost wages + notice arrears; $15,000 compensation; penalties and s 142Y leave

Cabinet maker Jingsheng Liu was told by text that there would be no work the following week after the business moved and operations shifted between related companies. There had been no consultation, termination process or reasonable notice.

Matched passage: That was an unjustified dismissal.
Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 - Employee status confirmed, dismissal by text, 3 months lost wages, $15k compensation, holiday pay arrears, costs

Lautusi Isaako worked full-time for ABS Builders under day-to-day direction but the respondents disputed aspects of the employment relationship and later ended his work by text after raising performance concerns for the first time. The case also involved public-holiday, annual-leave and record-keeping failures.

Matched passage: Need help with an unfair dismissal or a contractor vs employee dispute?
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: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
JAYALATH v INFOSYS LIMITED [2025] NZERA 539 - dismissal over mandatory training modules unjustified

Infosys dismissed Mr Jayalath for failing to complete mandatory online business modules after a disciplinary process run partly by overseas management. He challenged both the substantive basis for treating the failure as dismissible conduct and the fairness of the procedure.

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

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