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![DA SILVA v DSJ JOINERY LIMITED [2025] NZERA 444 - no express dismissal at meeting, but later conduct ended employment](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Mr Da Silva left a meeting with DSJ Joinery believing he had been dismissed, although the employer said the meeting was about health and safety rather than discipline. The ERA examined whether there was an actual dismissal and, if not, whether the employer's conduct nevertheless ended the relationship.
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.
Boya Trading summarily dismissed Mr Zheng by text on 26 May 2023, alleging that he had refused to work and abandoned his employment. Mr Zheng said there had been no warning or consultation and raised dismissal and disadvantage grievances the following month.
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.
Ms Jiang worked for Trusted Touch Therapy under disputed casual-employment paperwork and later raised dismissal and minimum-employment-standard claims. The company entered liquidation after the investigation meeting, and the ERA also considered inaccurate wage and time records.
PowerNet proposed to disestablish Ms Pink's occupational-health role and replace the service model, but the ERA scrutinised whether the proposal genuinely reflected her whole role, the asserted flexibility rationale and the lack of supporting costings.
UBP dismissed Mr Rapana after a prolonged period of absence and communication difficulties. The case examined the medical information available to the employer, inconsistencies in the reasons later given for dismissal and whether the investigation fairly addressed the real circumstances.
Inland Revenue ended DQJ's employment after a lengthy deterioration in workplace relationships and concerns that it said could no longer be resolved. The ERA examined whether IR had exhausted fair alternatives before treating the relationship as incapable of continuing.
