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Results for unfair dismissal

Showing 105-112 of 266 results
GILLARD v SOUTHSHORE MARINE LIMITED [2025] NZERA 454 - 90-day trial reliance fails; dismissal unjustified

Southshore Marine attempted to rely on a 90-day trial when dismissing Mr Gillard after concerns about his work. The timing of when employment actually commenced and the complete absence of a fair performance, conduct or capacity process were central issues.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
HAI ZHENG v JCD NZ LIMITED [2025] NZERA 453 - constructive dismissal; compensation and penalty

Hai Zheng's employment dispute with JCD concerned whether he had resigned or whether employer breaches caused his departure, together with associated disadvantage and contractual claims. The ERA examined whether the employer's conduct made resignation a reasonably foreseeable consequence.

Matched passage: At a glance Citation: [2025] NZERA 453 Registry: Auckland Parties: HAI ZHENG v JCD NZ LIMITED Authority member: Robin Arthur Hearing date: 4 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
LEBRETON v DA HAI INVESTMENT LIMITED [2025] NZERA 451 - Unjustified dismissal found (employee succeeded).

Da Hai Investment treated Ms LeBreton as a casual worker despite an ongoing pattern of part-time work and an original offer suggesting minimum hours. The dispute covered the true status of the relationship, how it ended, sick leave, lost remuneration and statutory breaches.

Matched passage: ... NZERA 451 Registry: Christchurch Parties: LEBRETON v DA HAI INVESTMENT LIMITED Main issues: Unjustified dismissal, Constructive dismissal, Unjustified disadvantage, Wages, Holiday pay, Penalties, Costs Outcome: Unjustified dismissal found (employee succeeded). Story in plain ...
KUMAR v JK HOSPITALITY NZ LIMITED [2025] NZERA 442 - break and support failures caused constructive dismissal

Mr Kumar resigned from JK Hospitality after alleging he was repeatedly denied proper breaks and practical support at work. The ERA considered whether those breaches were sufficiently serious that resignation was a reasonably foreseeable response.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
PUTAANGA v MOVE FREIGHT LIMITED [2025] NZERA 425 - medical-incapacity dismissal and unsafe-work disadvantage

MOVE Freight dismissed Mr Putaanga for medical incapacity after a workplace accident and a lengthy period assessing his prospects of returning to full-time work. He also alleged the employer had failed to provide a safe workplace and that this caused unjustified disadvantage.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
BALI v R1i TECHNOLOGY LIMITED [2025] NZERA 409 - Webex dismissal without fair process

R1i Technology dismissed Mr Bali during a Webex meeting and then confirmed the decision in writing. The employer did not participate in the ERA proceeding and the evidence showed no meaningful process satisfying the minimum statutory tests of procedural fairness.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
BOYD v WARD [2025] NZERA 352 - The personal grievance for unjustified dismissal was upheld.

Mr Ward dismissed Mr Boyd by letter and text message on 21 June 2024 and then did not participate in the ERA investigation despite being aware of the investigation meeting. The claim proceeded on Mr Boyd's evidence and documents.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
STEWART v OPEN COUNTRY DAIRY LIMITED (3265479), OPEN COUNTRY DAIRY LIMITED v STEWART (3275619) [2025] NZERA 330 - summary dismissal unjustified; 100% contribution removes lost wages

Open Country Dairy summarily dismissed Mr Stewart on the final day covered by his medical certificate after a disciplinary process. The ERA considered both the employer's process and Mr Stewart's own conduct when assessing justification and remedies.

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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