Stuff had genuine commercial reasons to restructure, but it failed to properly establish that Andrew McFarlane's existing role was surplus before making him compete for a substantially similar role. The ERA found the dismissal unjustified, criticised the contestable selection and redeployment process, and awarded $25,000 compensation plus $30,840.98 gross lost remuneration and holiday pay.
Search Employment Law
Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for unjustified dismissal
Ms Zheng worked for Eastpac and later disputed both the way her employment ended and substantial unpaid wages. A preliminary issue was whether her WeChat communications had raised an unjustified-dismissal grievance clearly enough and within the 90-day period.
Ronald Shea's hours at STLand Contracting fell sharply before he was told by phone that there was no more work for him. He also alleged bullying and an unsafe workplace, while the employer had undertaken no redundancy or dismissal consultation.
Emma Baldwin returned to RJ Hospitality after parental leave to a dispute over rostered hours that had previously operated on a stable and regular basis. She challenged unilateral changes to that pattern and later claimed the breakdown of the relationship also amounted to dismissal.
Store manager Andrea Lawson challenged Luxottica's investigation and employment treatment after concerns were raised about store performance and policy compliance. Her case included disadvantage claims, dismissal allegations and an argument that the employer had failed to accommodate a medical condition.
FVG, a structural engineer, challenged her suspension, the handling of bullying and performance concerns, and her eventual dismissal by YJN. The case required the ERA to separate several disadvantage allegations from the fairness of the final dismissal process.
Jack Wills worked at Complex Forme without a written agreement and was not paid for 32 hours of work. After he sought clarity about pay and rostering, the employer stopped responding, removed his access and ceased providing work.
Master Z Food said Ms Li resigned during an April 2023 meeting; Li said she was told the decision had already been made to dismiss her and she could merely work out the week. Contemporary WeChat messages were central to resolving who ended the employment.
