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.
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Results for unfair dismissal
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.
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.
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.
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.
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.
JAYALATH v INFOSYS LIMITED [2025] NZERA 539 - dismissal over mandatory training modules unjustified
CaseInfosys 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.
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.
