ClickCease

Results for dismissal process

Showing 137-144 of 270 results
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: Why this case matters LUO v BAZ separates the commercial reason for a restructure from the fairness of the dismissal process.
Devon Whitham v Brutalitees Limited and Christine Dawson [2026] NZERA 325 - tattoo and piercing apprentice was an employee, not a contractor

Devon Whitham entered a tattoo and piercing apprenticeship that Brutalitees described as unpaid and contractor-like despite exercising close control over her work. The case concerned her true employment status, unpaid work and the heated meeting at which the relationship ended.

Matched passage: The dismissal process was worse.
JHJ v IXX [2026] NZERA 2 - Unjustified dismissal and temporary non-publication

JHJ challenged a dismissal by IXX in a proceeding subject to temporary non-publication. The ERA considered whether the employer had substantive and procedural justification and what lost remuneration and distress compensation should follow if the grievance succeeded.

Matched passage: Key findings Immediate dismissal: The Authority found the employee was dismissed on the day of the incident, before any meaningful investigation or process.
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: The employer did not follow a fair process.
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: Underpayment and summary dismissal ERA Home did not provide the employment on the agreed terms, did not pay Mr Yang at the contractual hourly rate or in the agreed manner, and ended his employment without a disciplinary or dismissal process.
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: Why this case matters Stalker v Elevate Builders is a straightforward example of why wage problems and dismissal process should be examined together.
Mandeep Singh v PR Kahlon Limited and Satpal Singh [2026] NZERA 521 - performance dismissal failed because employee was not fairly heard

PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.

Matched passage: But it knew English was a serious communication barrier, used English for critical disciplinary communications despite both men speaking Punjabi, and did not clearly tell Mr Singh what further response or improvement plan it expected before dismissal.
Qi Sun v Keene Construction Limited [2026] NZERA 465 - builder dismissed by text after querying apprenticeship costs

Qi Sun was an apprentice builder with Keene Construction when he queried an unpaid $300 apprenticeship-cost payment. The director then texted that there would not be a company and told him not to bother coming to work, creating a dispute about whether those messages amounted to dismissal.

Matched passage: Clarify immediately: if the employer does not intend dismissal, it should say so clearly when the employee asks.

Browse topics