ClickCease

Results for unjustified dismissal

Showing 121-128 of 325 results
Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

Matched passage: A flawed disciplinary process and unjustified warning may be actionable even if the employee later resigns and cannot prove that the resignation should legally be treated as a dismissal.
TONG v SHEFFIELD STEEL SERVICES LIMITED and Anor [2025] NZERA 460 - employer conduct caused constructive dismissal

Mr Tong's claims against Sheffield Steel arose after workplace difficulties, attempts to place him with another employer and the eventual end of his employment. He alleged both unjustified disadvantage and constructive dismissal.

Matched passage: Mr Tong's grievance claims Claims for unjustified disadvantage and unjustified dismissal [20] Mr Tong's closing submissions did not differentiate which alleged facts supported each of his grievance claims.
OAS v JIK Limited [2026] NZERA 474 - employee dismissed after seeking family violence leave

Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.

Matched passage: ... meeting: 8 May 2026 Determination date: 16 July 2026 Role: chef Employment start: July 2023 Dismissal: established Unjustified dismissal: established Good faith breach: established, but no penalty imposed Family violence leave: OAS was entitled to it in the week of 12 February ...
Jeanette Go v Point Limited [2026] NZERA 369 - genuine redundancy but flawed consultation and undisclosed selection criteria

Point Limited made estimator Jeanette Go redundant after a genuine downturn in estimation work, but did not disclose its selection criteria, interview the other estimators or properly engage with her reduced-hours alternative before preparing the termination outcome.

Matched passage: ... reduced-hours proposal; redeployment; compensation; lost wages; penalties Outcome: unjustified dismissal and unjustified disadvantage established Compensation: $18,000 under section 123(1)(c)(i) Lost wages: $5,769.23 gross, equivalent to four weeks' salary Penalties: ...
OCO v ZUA [2025] NZERA 790 - Constructive dismissal after unfair suspension and defective disciplinary process

OCO resigned after being suspended and put through a disciplinary process by ZUA. The case centred on whether the suspension and investigation were fair and whether the employer's cumulative conduct was serious enough to make the resignation a constructive dismissal.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
DWYER v OAKVUE BLOODSTOCK LIMITED [2025] NZERA 251 - disadvantage succeeds but constructive-dismissal claim fails

Ms Dwyer brought sexual-harassment, unjustified-disadvantage, constructive-dismissal and good-faith claims arising from her work at Oakvue Bloodstock. The ERA separated the alleged harassment and resignation issues from specific employer actions that actually disadvantaged her employment.

Matched passage: ... by AVL Determination date: 7 May 2025 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, Ms Dwyer raises claims of sexual harassment in ...
STEWART v PULSE 2012 LIMITED t/a BROWNE ST [2025] NZERA 241 - dismissal unjustified; compensation reduced 17.5% for contribution

Pulse 2012 dismissed Mr Stewart after alleging he had prepared food for himself at the workplace while recorded as working, in a dispute that also involved allegations of theft. The ERA examined whether the evidence and disciplinary response could justify dismissal.

Matched passage: ... 2025 Determination date: 2 May 2025 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, During the meeting he had said allegations of ...
Wendy Darrell v Canterbury Vehicle [2026] NZERA 35 - redundancy, unjustified disadvantage and dismissal

Wendy Darrell's dispute with Canterbury Vehicle concerned the ending of her employment and associated employment entitlements. The ERA considered whether the employer's conduct met the justification standard and what compensation or payments were required for the breaches established.

Matched passage: The statement of problem set out an employment relationship problem based on: (a) Unjustified dismissal.

Browse topics