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Results for unfair dismissal

Showing 137-144 of 266 results
CHUNG v HUYNH [2025] NZERA 69 - trial-period defence fails; dismissal unjustified

Ms Chung was dismissed by email late on Boxing Day after about 100 days of work, with the employer purporting to rely on a 90-day trial period. General performance criticisms were raised later but had not formed a fair dismissal process at the time.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
TRANG BUI v HUYNH [2025] NZERA 72 - dismissal and employment-entitlement claims partly successful

Trang Bui worked in a small hospitality business where the parties disputed pay, working arrangements and the circumstances in which her employment ended. The ERA considered dismissal and disadvantage claims alongside minimum employment entitlement issues.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
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: 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.
Steven David Mitchell v Tasman Rugby Union Incorporated [2026] NZERA 435 - CEO returned to payroll on interim reinstatement

Tasman Rugby Union dismissed chief executive Steven Mitchell after an organisational review became intertwined with later misconduct allegations. He sought interim reinstatement, arguing the process appeared predetermined and that his substantive dismissal grievance had real strength.

Matched passage: ... period: June 2024 to 20 March 2026 Application decided: interim reinstatement only Dismissal allegation: summary dismissal for serious misconduct Authority's interim assessment: an arguable unjustified-dismissal claim with particular strength on predetermination 2026 ...
Ronald Thomas Shea v STLand Contracting Limited (in liquidation) [2026] NZERA 420 - dismissed by phone without a process

Ronald Shea's hours at STLand Contracting fell sharply before he was told by phone that there was no more work for him. He also alleged bullying and an unsafe workplace, while the employer had undertaken no redundancy or dismissal consultation.

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.
Fiona Scott v Ritchies Transport Holdings Limited [2026] NZERA 342 - casual bus driver found to be permanent and unjustifiably dismissed

Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.

Matched passage: ... issues: casual versus permanent employment; removal of shifts; no further shifts offered; dismissal by cessation of work; first written warning; toilet break route deviation Dismissal outcome: unjustified dismissal established Disadvantage outcome: first written warning was ...
Shaoqiang Chen v Wen Hui Lin [2026] NZERA 307 - cash-paid cook unjustifiably dismissed, minimum wage arrears and penalties ordered

Shaoqiang Chen worked long hours as a cook at Beached As Takeaways, was paid cash below lawful rates and later had his employment ended. The case involved employer identity, minimum-wage and holiday entitlements, record failures and the justification for dismissal.

Matched passage: ... employer; cash payment; no written employment agreement; permanent or temporary employment; unjustified dismissal; bullying; minimum wage arrears; public holidays; alternative holidays; annual holidays; PAYE; mitigation; penalties Outcome: unjustified dismissal established; ...
Angus Jowitt v Gokula Music Limited [2026] NZERA 297 - music shop worker dismissed by text after coffee dispute; wage arrears, holidays, compensation and penalties ordered

Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.

Matched passage: Unjustified dismissal remedies Lost wages: one month, $2,970 Mr Jowitt was entitled to consideration of lost wages because he had established a personal grievance for unjustified dismissal.

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