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Results for unjustified dismissal

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GILLARD v SOUTHSHORE MARINE LIMITED [2025] NZERA 454 - 90-day trial reliance fails; dismissal unjustified

Southshore Marine attempted to rely on a 90-day trial when dismissing Mr Gillard after concerns about his work. The timing of when employment actually commenced and the complete absence of a fair performance, conduct or capacity process were central issues.

Matched passage: At a glance Citation: [2025] NZERA 454 Registry: Christchurch Parties: GILLARD v SOUTHSHORE MARINE LIMITED Authority member: Antoinette Baker Hearing date: 18 March 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Xuefeng Yang v ERA Home Limited [2026] NZERA 695 - migrant worker was an employee despite employer denying relationship

ERA Home denied that Xuefeng Yang had ever become its employee, despite a signed employment agreement, an approved work visa and evidence that he worked at its construction site. The ERA found an employment relationship existed, upheld unjustified dismissal and disadvantage claims, awarded $23,000 compensation and $8,008.20 lost wages plus holiday pay, and imposed a $3,000 penalty on the company.

Matched passage: 66 per hour for a minimum 30 hours per week Outcome: employment relationship established; unjustified dismissal and disadvantage upheld Compensation: $23,000 Lost wages: $8,008.
Nicholas Stalker v Elevate Builders Limited [2026] NZERA 659 - apprentice dismissed by text after repeated wage problems

Apprentice builder Nicholas Stalker experienced repeated late and missing wage payments before being dismissed by text for alleged performance and misconduct without prior warnings, investigation or an opportunity to respond. The ERA upheld unjustified dismissal and disadvantage claims and ordered compensation, 13 weeks' lost wages, substantial arrears, notice pay, holiday pay, a penalty and costs.

Matched passage: ... Limited Role: apprentice builder Contract: 40 hours per week at $28.50 per hour Outcome: unjustified dismissal and unjustified disadvantage established Lost wages: $14,820 gross Compensation: $15,000 Penalty: $2,000 payable to Mr Stalker Costs: $2,000 Regular pay problems ...
Nan Jia and Huachao Hou v FX NZ Limited and Yingsi Wei [2026] NZERA 30 - unjustified disadvantage and dismissal

Construction workers Nan Jia and Huachao Hou alleged FX NZ made unlawful rent deductions from wages and failed to pay public-holiday, annual-leave and other minimum entitlements. Their case combined employment-standard claims with personal-grievance issues about the employer's treatment of them.

Matched passage: Mr Jia further claims unjustified dismissal as he says he was forced to resign when he was not provided with any hours of work.
Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - indefinite paid suspension over prescribed medicinal cannabis; employer silence led to constructive dismissal; $33,545.75 awarded plus $4,571.55 costs/fee

Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.

Matched passage: ... as Infinity Dairy [2025] NZERA 592 This determination involves two personal grievances: unjustified disadvantage (an indefinite paid suspension) and unjustified dismissal by constructive dismissal (a resignation caused by serious employer breach and prolonged silence). The ...
THING v SOUTH POLE IP HOLDING (NZ) LIMITED [2025] NZERA 142 - dismissal theory fails in part but disadvantage grievance succeeds

Ms Thing's dispute with South Pole IP Holding concerned whether the end of her employment was a dismissal or resignation and whether the employer's earlier conduct had unjustifiably disadvantaged her. The case required the ERA to distinguish direct or constructive dismissal from separate disadvantage grievances.

Matched passage: ... 2024 Determination date: 7 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 ...
DUNG PHAM v HUYNH [2025] NZERA 75 - dismissal proved; lost remuneration and compensation awarded

Ms Dung Pham disputed the way her employment at a nail salon ended and sought remedies for dismissal. The Authority had to resolve conflicting accounts of whether and when the employer brought the employment relationship to an end.

Matched passage: ... meeting: 9-12 September 2024 (Wellington) Determination date: 14 February 2025 Outcome: Unjustified dismissal/disadvantage issues considered; see determination for full findings and orders. Story in plain English This decision deals with claims arising from an agreement to ...
ORMSBY v BLUELAGOON NZ LIMITED [2025] NZERA 44 - Messenger dismissal for inability to pay; wages and compensation awarded

BlueLagoon ended Mr Ormsby's employment by Messenger after the employer said it could no longer afford to pay him. The case also involved unpaid wages, holiday pay and KiwiSaver obligations alongside the dismissal grievance.

Matched passage: At a glance Citation: [2025] NZERA 44 Registry: Wellington Parties: ORMSBY v BLUELAGOON NZ LIMITED Authority member: Sarah Kennedy-Martin Hearing date: 13 December 2024 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.

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