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![MTY v Transport (Waimate) Limited [2025] NZERA 510 - Unjustified dismissal upheld; $57,298.10 remedies (costs reserved)](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
A truck driver said Transport (Waimate) had effectively sent him away after a difficult meeting and then prevented a normal return to work. The employer maintained that he had resigned, making the central issue whether its actions objectively 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.
No Win No Fee employment advocacy means you usually do not pay professional fees upfront. Suitable employee cases are assessed on merit, evidence, likely recovery and whether the matter can be run commercially under the engagement terms.
An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.
Everest Corporation told automotive technician Layth Abu-Laban that his employment would end because an alleged one-year contract would not be renewed. His agreement was actually permanent, and the employer later relied on allegations of poor workmanship, customer solicitation, misuse of property and theft.
