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Results for unpaid wages

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CHASE-PONA v COIN TOTAL WELLINGTON LIMITED and Anor [2025] NZERA 428 - dismissed during notice period; constructive dismissal in alternative

Mr Chase-Pona resigned after workplace disputes including a theft allegation, but Coin Total terminated his employment before his notice period expired. The ERA had to determine whether the employment ended by resignation, dismissal or constructive dismissal.

Matched passage: ) Orders and payments mentioned Lost wages / arrears: $2,720.
BOYD v WARD [2025] NZERA 352 - The personal grievance for unjustified dismissal was upheld.

Mr Ward dismissed Mr Boyd by letter and text message on 21 June 2024 and then did not participate in the ERA investigation despite being aware of the investigation meeting. The claim proceeded on Mr Boyd's evidence and documents.

Matched passage: ) Orders and payments mentioned Compensation: $15,000, $15,000.
SWENSON v AKITIO TRUCKING LIMITED [2025] NZERA 214 - unjustified dismissal with contribution reduction

Akitio Trucking dismissed Mr Swenson after concluding he punched another driver. He argued the employer had failed to deal with earlier theft allegations and that its investigation and dismissal process were unjustified.

Matched passage: Orders and payments mentioned Compensation: $11,250 Lost wages / arrears: $4,725 Costs: Costs reserved.
YAQUB v NEILSONS LAWYERS LIMITED [2025] NZERA 139 - suspension disadvantage and constructive dismissal upheld

Neilsons Lawyers suspended Mr Yaqub during an investigation into alleged conduct. He later resigned, alleging that the continuing suspension and the way the investigation was handled had made continued employment untenable.

Matched passage: The Authority notes that The letter included advice to Mr Yaqub that he was suspended on pay, described a number of allegations concerning his conduct which could amount to serious misconduct and advised he was to attend a meeting with the directors on Friday 29 April.
KINZETT v FIRE AND EMERGENCY NEW ZEALAND [2025] NZERA 132 - dismissal unjustified; investigation disadvantages justified

Fire and Emergency New Zealand investigated complaints involving firefighter Russell Kinzett and two other firefighters before summarily dismissing him. Mr Kinzett challenged both the investigation process and the dismissal, and was later interim-reinstated.

Matched passage: ... [123] Mr Kinzett has established a personal grievance for unjustified dismissal. Orders and payments mentioned Compensation: $9,600 Lost wages: A quantifiable amount "lost wages under s 123(1)(b) of the Act in respect of the period between his summary dismissal on 6 May 2024 ...
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: Orders and payments mentioned Compensation: $15,000 Lost wages: $10,017 Note: figures above are extracted from the orders section (or the final orders wording).
Resink v Employment Services Limited [2025] NZERA 104 - constructive dismissal after continuing good-faith breaches

Employment Services pursued a disciplinary investigation without clearly identifying all allegations or providing requested information. An intimidating visit to recover Frank Resink's company vehicle became the last straw in continuing breaches of good faith.

Matched passage: The Authority awarded $15,000 compensation and three months' lost wages of $17,500.
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: The termination letter said the employer elected to pay notice in lieu, but the money was not actually paid to Ms Thuy.

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