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Results for unfair dismissal

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CHEN v CONSTRUST LIMITED and Anor [2025] NZERA 20 - unjustified dismissal; compensation, wages and penalty

Mr Chen worked in a construction arrangement where the identity of the employer and the true nature of the relationship were disputed. Evidence at the ERA included inconsistent accounts about when Construst was first mentioned and the parties agreed the amount of lost remuneration if employment was established.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
JOHNSTONE v ZXY [2025] NZERA 11 - care worker's summary dismissal unjustified; hindsight undermined the process

A care worker with 21 years' service was summarily dismissed after a resident incident, principally for not calling an ambulance. The ERA examined whether the employer judged her conduct with hindsight and fairly considered what she actually knew, her explanations and gaps in workplace policies and practice.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.

Matched passage: If you are dealing with probation or trial period issues, dismissal risk, or an ERA claim, we can assist with strategy, settlement, and representation.
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: ...
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: If the decision has come from the controlling third party (the host) where the employment is to be terminated the employee is able to include them as being answerable to the unfair dismissal claim.

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