![STILLMAN v BROTHER COFFEE LIMITED [2025] NZERA 239 - A penalty determination was made.](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Ms Stillman says her dismissal on the basis of redundancy was not genuine, in that it lacked substantive justification and was procedurally deficient.
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Results for unfair dismissal
Ms Stillman says her dismissal on the basis of redundancy was not genuine, in that it lacked substantive justification and was procedurally deficient.
After an earlier unjustified dismissal determination and costs award, the employee applied for a compliance order because the employer and director had not paid.
The ERA found constructive dismissal and ordered compensation, lost wages, wage and holiday arrears, and repayment of an unlawful premium payment.
The dismissal was unjustified and the Authority awarded lost wages and compensation.
L Linehaul Ltd [2021] NZERA 304, the ERA held the redundancy dismissal was unjustified due to a lack of consultation, lack of relevant information, and failure to properly explore alternatives and redeployment.
Where an employee has a personal grievance for unfair dismissal, unjustified disadvantage or any other claim, the parties are required to attend an employment mediation.
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