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Results for unfair dismissal

Showing 113-120 of 321 results
PRASAD v WARRIOR NZ LIMITED [2025] NZERA 492 - employer breaches caused constructive dismissal

Mr Prasad's employment with Warrior NZ deteriorated after employer breaches and a breakdown in the working relationship. The employer did not attend the ERA investigation meeting despite being served with the proceeding.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
PETERSEN v EDGECUMBE SUPERMARKET LIMITED [2025] NZERA 473 - told to leave and surrender uniform amounted to dismissal

Edgecumbe Supermarket said Mrs Petersen was merely suspended after refusing an instruction and that her employment was going to end anyway because of overseas travel. Petersen said she was told to leave, surrender her uniform and was threatened with trespass, which objectively conveyed that she had been fired.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
Wang v Steel Master Co Ltd [2025] NZERA 457 - dismissal, not resignation; $11,000 compensation and 8 weeks lost wages

Steel Master said Mr Wang had resigned, but he had been given a choice between finding another job and being unilaterally dismissed. The ERA examined the objective effect of that ultimatum rather than the employer's description of the ending.

Matched passage: Where the employer presents termination as inevitable, the Authority may find the ending was a dismissal.
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.

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