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Results for dismissal process

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Gary Cotton v Darcee Gosling, Gosling Solutions Limited, and Rob Ralston [2022] NZERA 90 - employer identity dispute; sole trader held liable; summary dismissal unjustified; $19, - orders for lost wages, arrears, holiday pay, and compensation

Gary Cotton's case required the ERA to identify who his employer actually was after work performed through Gosling Solutions and dealings involving Darcee Gosling and Rob Ralston. The case also concerned a summary termination and claims for unpaid employment entitlements.

Matched passage: No written agreement is a risk multiplier: failing to provide a written agreement can make identity and process disputes worse.
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: ... 2020 (Invercargill) Determination date: 5 June 2020 Workplace: Alliance Mataura Plant (meat processing), work covered by the applicable collective agreement Issues: unjustified disadvantage (suspension), unjustified dismissal (was it a dismissal or voluntary resignation), and ...
Recurring problems that come up in ERA cases

Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.

Matched passage: " This one turns up whenever there were meetings, warnings, investigations, or a dismissal process with defects.
Employment Law Help for Employers NZ | Staff Disputes, PGs and ERA Claims

Employer-side help for personal grievances, disciplinary problems, redundancy, mediation and ERA claims, with an emphasis on fixing process risks early and preserving evidence before positions harden.

Matched passage: A weak investigation, a predetermined redundancy, a sloppy disciplinary letter, a bad trial period clause, or a rushed dismissal process can become the foundation of a Personal Grievance.
Unfair Dismissal (Unjustified Dismissal)
21 articles

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.

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Triangular employment and labour hire dismissals in NZ: who is liable?

Who may be liable when a labour-hire worker is removed from a host workplace: the agency employer, the controlling third party, or both under New Zealand's triangular-employment provisions.

Matched passage: In reality, dismissals in triangular employment still require justification and a fair process, and in some cases both the agency and the host business can be held responsible.
David Turner v Big B Cartage Limited [2026] NZERA 581 - seven-minute disciplinary meeting led to unjustified dismissal

Big B Cartage dismissed truck driver David Turner for serious misconduct after a seven-minute meeting without identifying the allegations or disclosing the text message relied on. The ERA found the dismissal unjustified and awarded $9,750 compensation after a 25 percent contribution reduction.

Matched passage: The seven-minute meeting ended with immediate dismissal for serious misconduct.

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