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Results for unjustified disadvantage

Showing 105-112 of 171 results
CHENG v THE VICE CHANCELLOR OF LINCOLN UNIVERSITY [2025] NZERA 167 - personal grievance partly successful; compensation and lost wages

Ms Cheng's case against Lincoln University involved several employment grievances and required the ERA to distinguish the claims that were made out from those that were not. The resulting orders included both compensation and a wage-related remedy rather than an across-the-board finding for either party.

Matched passage: Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Cameron Rix v Rotorua Quarry Limited [2025] NZERA 152 - The Authority found the employee was unjustifiably dismissed (abandonment was not made out) and awarded remedies.

Rotorua Quarry treated Cameron Rix's absence as abandonment and ended his employment. The ERA had to decide whether his conduct showed an intention to permanently walk away from the job and whether the employer was entitled to terminate on that basis.

Matched passage: Decision markers Mr Rix raised an unjustified disadvantage action in respect of the 22 September 2022 incident.
Employment Court Case Summaries
17 articles

New Zealand Employment Court case summaries covering challenges to Employment Relations Authority decisions, unjustified dismissal, unjustified disadvantage, remedies, procedure, and other significant employment law issues.

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Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified

Ilalio Solomona was dismissed by Auckland Council after conflict-of-interest concerns about his outside personal-training business. Although his employment obligations could legitimately restrict outside activity, the disciplinary process did not put the contractual obligations actually relied on to him for response.

Matched passage: Orders made Unjustified dismissal: established.
Rachel Hankins v Huhtamaki Henderson Limited [2026] NZERA 379 - valid fixed term but unjustified early termination

Rachel Hankins was employed by Huhtamaki Henderson on a fixed-term arrangement. Although the ERA accepted there was a valid basis for the fixed term itself, her employment was ended before the agreed expiry and the employer had to justify that early termination separately.

Matched passage: ... laptop; bullying; discrimination; protected disclosure; compensation; notice pay Outcome: unjustified dismissal and unjustified disadvantage established Compensation: $3,500 for unjustified disadvantage and $8,000 for unjustified dismissal Lost remuneration: four weeks' ...
Nata Venceslau Dos Santos v Nresh Group Limited [2026] NZERA 363 - hostile workplace, visa pressure, unjustified dismissal, wage arrears and penalties

Nata Venceslau Dos Santos described a hostile workplace in which visa-related pressure, pay issues and deteriorating treatment preceded the end of employment. The ERA considered dismissal alongside wage arrears and minimum employment-standard breaches.

Matched passage: ... Role: painter's assistant Employer's business: commercial painting contractor Core claims: unjustified disadvantage, unjustified dismissal, wage arrears, holiday pay, interest and penalties Unjustified disadvantage: established in relation to a hostile and insecure work ...
Cameron Keen v Prestige Paving NZ Limited [2026] NZERA 344 - unjustified dismissal after employer stopped providing work and pay

Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.

Matched passage: ... work period after closedown; employer non-communication; unilateral leave without pay; unjustified disadvantage; constructive dismissal; wage and holiday pay remedies Unjustified disadvantage: established Unjustified dismissal: established Compensation: $12,000 for ...
Courtney Jansen v BDS Chartered Accountants Limited [2026] NZERA 230 - 90 day trial phone termination + resignation option led to unjustified constructive dismissal; $7,000 compensation

Courtney Jansen was told by an external HR consultant that BDS Chartered Accountants would end her employment under a 90-day trial, but was offered the option of resigning instead. The case turned on whether choosing resignation in the face of an announced dismissal was truly voluntary.

Matched passage: ... Key issues: resignation vs dismissal; constructive dismissal; trial provision compliance; unjustified disadvantage (training/support and health and safety); discrimination; good faith; remedies and costs Outcome: unjustified constructive dismissal upheld; other grievance ...

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