The dismissal was unjustified and the Authority awarded lost wages and compensation.
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Results for constructive dismissal
Unjustified dismissal upheld on procedural grounds.
The ERA found an unjustified dismissal and ordered lost wages ($6,656) and compensation ($15,000).
JHJ v IXX [2026] NZERA 2 is an unjustified dismissal determination.
The ERA accepted the employer had genuine attendance concerns and had raised them, but held the dismissal unjustified because the worker was not given a final chance to understand the seriousness of.
ERA accepted serious food safety and hygiene deficiencies justified dismissal in substance, but found the suspension and termination process was flawed and unfair.
The ERA found he was a permanent employee and the dismissal was unjustified.
