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Results for dismissal process

Showing 113-120 of 204 results
BROWN v TIMBER TOWN HARVESTING LIMITED [2025] NZERA 117 - real dismissal reasons were not fairly put to the employee

Timber Town Harvesting summarily dismissed Mr Brown after relying on an earlier workplace incident and disputed warnings. The case examined whether the reasons actually relied on were properly put to him and whether he had been given a meaningful opportunity to understand and correct the employer's concerns.

Matched passage: Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues.
Thuy v Huynh [2025] NZERA 74 - 90-day trial failed; dismissal for seeking employment advice unjustified

A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.

Matched passage: An employer cannot treat an employee's attempt to obtain employment-law advice as misconduct justifying dismissal.
DUNG PHAM v HUYNH [2025] NZERA 75 - dismissal proved; lost remuneration and compensation awarded

Ms Dung Pham disputed the way her employment at a nail salon ended and sought remedies for dismissal. The Authority had to resolve conflicting accounts of whether and when the employer brought the employment relationship to an end.

Matched passage: ... 9-12 September 2024 (Wellington) Determination date: 14 February 2025 Outcome: Unjustified dismissal/disadvantage issues considered; see determination for full findings and orders. Story in plain English This decision deals with claims arising from an agreement to employ ...
PIACUN v COOPER NO 1 LIMITED and Anor [2025] NZERA 32 - business sale did not avoid notice; dismissal unjustified

Cooper No 1 sold its business and told Ms Piacun her employment was ending, without paying a notice period. The ERA considered whether the sale itself ended employment or whether Cooper had taken the initiative to terminate her contract.

Matched passage: At a glance Citation: [2025] NZERA 32 Registry: Auckland Parties: PIACUN v COOPER NO 1 LIMITED and Anor Authority member: Antoinette Baker Hearing date: 1 October 2024 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

Matched passage: Constructive dismissal was established: the Authority found the resignation was caused by the employer's breach of duty, and resignation was reasonably foreseeable.
Gary Cotton v Darcee Gosling, Gosling Solutions Limited, and Rob Ralston [2022] NZERA 90 - employer identity dispute; sole trader held liable; summary dismissal unjustified; $19, - orders for lost wages, arrears, holiday pay, and compensation

Gary Cotton's case required the ERA to identify who his employer actually was after work performed through Gosling Solutions and dealings involving Darcee Gosling and Rob Ralston. The case also concerned a summary termination and claims for unpaid employment entitlements.

Matched passage: No written agreement is a risk multiplier: failing to provide a written agreement can make identity and process disputes worse.
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: ... 2020 (Invercargill) Determination date: 5 June 2020 Workplace: Alliance Mataura Plant (meat processing), work covered by the applicable collective agreement Issues: unjustified disadvantage (suspension), unjustified dismissal (was it a dismissal or voluntary resignation), and ...

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