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Results for unfair dismissal

Showing 129-136 of 266 results
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

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.
Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 - 90-day trial invalid before start, unjustified dismissal, penalties

Kaytlin Pinder was dismissed under a purported 90-day trial period. The key issue was whether the trial provision had been validly agreed before she became an employee, together with related failures to provide proper employment documentation.

Matched passage: Need help with a 90 day trial, unjustified dismissal, or an ERA claim?
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: Stopping work without clarity can be a dismissal: if a worker reasonably believes employment has ended, the employer can be exposed to unjustified dismissal liability.
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: ... by the applicable collective agreement Issues: unjustified disadvantage (suspension), unjustified dismissal (was it a dismissal or voluntary resignation), and remedies Outcome: both personal grievances succeeded (unjustified suspension and unjustified dismissal) Orders: ...
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: See also Redundancy and Unjustified redundancy and unfair dismissal .
Shenwei Zhang v Fat Dragon Restaurant Management Limited and Kejian Ji [2025] NZERA 737 - 'casual' label rejected; unjustified dismissal by WeChat; $5,686.33 reimbursement, $12,000 compensation, $9,904.08 arrears plus interest

Shenwei Zhang worked for Fat Dragon Restaurant Management under an arrangement the employer described as casual. After the relationship deteriorated, his work was ended through WeChat and he pursued dismissal, wage and holiday-pay claims.

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.
JIANG v TRUSTED TOUCH THERAPY LIMITED (IN LIQUIDATION) and ORS [2025] NZERA 385 - unjustified dismissal and employment-standard breaches

Ms Jiang worked for Trusted Touch Therapy under disputed casual-employment paperwork and later raised dismissal and minimum-employment-standard claims. The company entered liquidation after the investigation meeting, and the ERA also considered inaccurate wage and time records.

Matched passage: ... 18 February 2025 and 13 March 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, Ms ...
Hao v South Pole IP Holding (NZ) Limited [2025] NZERA 245 - pressure to resign caused constructive dismissal

South Pole treated Xinhua Hao as having agreed to resign, despite his repeated denials, then withheld work and continued pressing the resignation dispute. The ERA found those actions caused an unjustified constructive dismissal.

Matched passage: Why this case matters Hao v South Pole is a practical example of a disputed resignation becoming constructive dismissal.

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