A paid four week notice period will apply if dismissal occurs when an employee has chosen not to be Covid-19 vaccinated.
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Results for unfair dismissal
The ERA accepted the redundancy was genuine and the dismissal was substantively justified, but found significant good faith/consultation defects - including failure to proactively disclose information.
... the restructure had genuine business reasons, but held the redundancy dismissal unjustified because key proposal information was not fairly shared, the employee was not clearly told his role was at risk until the ...
ERA held the employee's redundancy dismissal was unjustified: Pamu relied on automation efficiencies but did not clearly justify why the AP Team Leader role was surplus, ran a short ...
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.
An ERA finding of unjustified dismissal where the employer tried to rely on a trial period clause that did not meet s 67A requirements and then failed to engage with the Authority's investigation.
After further confirmation from Ms Hirst's representative, the single issue for investigation was one of unjustified direct dismissal.
