ClickCease

Results for unjustified disadvantage

Showing 121-128 of 171 results
Andrew McFarlane v Stuff Limited [2026] NZERA 623 - redundancy selection and redeployment failures made dismissal unjustified

Stuff had genuine commercial reasons to restructure, but it failed to properly establish that Andrew McFarlane's existing role was surplus before making him compete for a substantially similar role. The ERA found the dismissal unjustified, criticised the contestable selection and redeployment process, and awarded $25,000 compensation plus $30,840.98 gross lost remuneration and holiday pay.

Matched passage: ... Limited Role: Senior Account Director Employment: from May 2011 until 7 July 2025 Outcome: unjustified dismissal and unjustified disadvantage established Compensation: $25,000 Lost remuneration and holiday pay: $30,840.98 gross Contribution: none Costs: reserved A genuine ...
90 Day Trial Period (NZ)
26 articles

NZ 90 day trial periods explained for employees. When a valid trial can restrict unjustified dismissal and dismissal-related disadvantage claims, and the common mistakes that can make a trial invalid.

Continue
PARKER-JONES v GPC ASIA PACIFIC LIMITED [2025] NZERA 571 - abandonment process unfair; dismissal unjustified

GPC treated Ms Parker-Jones as having abandoned her employment after a period involving significant medical issues and absence. The ERA examined whether the employer had enough information and followed a fair process before treating the relationship as ended.

Matched passage: The determination records that An unjustified disadvantage claim related to an alleged performance improvement plan was withdrawn by Ms Parker-Jones at the investigation meeting on 30 July 2025.
Lillian Shorter v Waiheke Island Supported Homes Trust [2026] NZERA 54 - summary dismissal for alleged sleeping on night shift held unjustified; six months lost wages ordered and $18,750 compensation

Lillian Shorter was summarily dismissed by Waiheke Island Supported Homes Trust after covert video showed her sleeping during night shifts. She said night workers had a recognised practice of sleeping during combined breaks and challenged both the investigation and the unequal treatment of staff.

Matched passage: ... and 29 August and 16 October 2025 in Auckland Determination date: 30 January 2026 Outcome: Unjustified dismissal grievance upheld; disadvantage grievances not established; reinstatement declined; monetary remedies ordered. Publication note: The determination begins with a ...
Aiga Faamanu Roache v Landcorp Farming Limited t/a Pamu [2026] NZERA 55 - redundancy restructure held unjustified; $18,000 compensation and $8,900.15 lost wages

Aiga Faamanu Roache's Accounts Payable Team Leader role at Pamu was disestablished after automation reduced manual finance processing. The ERA examined whether Pamu had actually explained why her leadership role was surplus, allowed meaningful consultation and handled redeployment properly.

Matched passage: (f) If any of the above results in a finding of unjustified dismissal or disadvantage, what remedies should be rewarded?
CHAND v ROHITS CIVIL & INFRASTRUCTURE LIMITED (IN LIQUIDATION) [2025] NZERA 574 - telephone dismissal unjustified

Mr Chand said Rohits Civil & Infrastructure dismissed him during a telephone conversation; the company disputed that account. The ERA had to decide whether the words and surrounding circumstances objectively brought the employment relationship to an end.

Matched passage: ... 18 July and 6 December 2024 (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues. Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues. In summary, Mr Chand claimed he was unjustifiably ...
90-day trial dismissal: when you can still raise an unfair dismissal personal grievance

A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.

Matched passage: A valid trial period can bar an unjustified dismissal grievance and an unjustified disadvantage grievance to the extent that the disadvantage relates to the dismissal.
LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment

BAZ had genuine commercial reasons to make Luo's role redundant, but the employee was not given a fair opportunity to engage with the proposal or meaningful redeployment possibilities before the decision was made.

Matched passage: LUO's separate claims of unjustified disadvantage by bullying and sexual harassment were not established.

Browse topics