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Results for unjustified disadvantage

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Gaetan Duvaux v Mega Limited [2026] NZERA 182 - redundancy dismissal unjustified on process; pre-selection and withheld scoring; $8,000 compensation plus three months' pay ordered

Gaetan Duvaux was made redundant by Mega after a selection process in which scoring and comparative information were not fully disclosed and the employee argued the outcome had effectively been chosen in advance. The business case itself was not the only issue: the fairness of selection and consultation was central.

Matched passage: The Authority also addressed the argument sometimes raised in redundancy cases: that a procedural defect should only produce an unjustified disadvantage finding, not unjustified dismissal.
Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51)

Cook Mark Beveridge was told to 'bugger off' and leave the Ashurst Deer N Duck Inn during a confrontation connected with police concerns about marijuana plants on the owner's property. The employer disputed whether those words had actually ended the employment.

Matched passage: ... and Percy Vernon Burlace (director/shareholder) Type of claim: Personal Grievance (unjustified dismissal) plus alleged unjustified disadvantage and minimum entitlements Outcome: Unjustified dismissal established; unjustified disadvantage not made out; wage arrears for ...
JAGJIT SINGH v L&B FOODS LIMITED and ANOR [2026] NZERA 13 - Unjustified dismissal upheld; $8,933 remedies (reduced) plus wage arrears.

Kitchen hand Jagjit Singh was dismissed immediately after the employer believed he had attended work intoxicated and later returned to the restaurant. There was no paper trail of prior warnings or a proper investigation before the phone-call and email dismissal.

Matched passage: The personal grievance for unjustified dismissal was upheld.
KMW v ZIB Digital Limited [2025] NZERA 806 - redundancy consultation called a 'charade'; unjustified dismissal; $47,692.30 awarded

KMW was selected for redundancy by ZIB Digital after a process the employee said had been predetermined and gave consultation no real prospect of changing the outcome. The ERA examined the business rationale, the information provided and whether the consultation was genuine.

Matched passage: ... date: 12 December 2025 Respondent: ZIB Digital Limited (ZIB) Outcome: redundancy dismissal unjustified; unjustified disadvantage and good faith breach findings; penalty declined; misrepresentation claims unsuccessful; costs reserved Remedies ordered: $20,000 compensation and ...
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 ...
QN v FT LIMITED [2025] NZERA 99 - unjustified dismissal

QN was summarily dismissed as a branch manager after FT Limited investigated an alleged undisclosed conflict of interest involving the engagement of a close family member's company. The ERA examined both the underlying conflict and whether the investigation and decision-making process was fair.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.

Matched passage: ... Determination date: 22 May 2026 Employment: professional Class 5 Driver Key issues: unjustified dismissal; unjustified suspension; drug and alcohol testing; reasonable cause testing; refusal to test; serious misconduct; verification of complaint; procedural fairness; ...
Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified

Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.

Matched passage: ... Limited Role: Acidulation Plant Operator Service: approximately 30 years Outcome: unjustified dismissal and unjustified disadvantage by suspension Contribution: 30 percent Costs: reserved Safety-watch incident at a hazardous plant Mr Dickson began working for Ballance ...

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