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Results for unjustified dismissal

Showing 137-144 of 274 results
Thomas Patrick Kenna v Anztec Limited [2026] NZERA 120 - redundancy found genuine but consultation defective; unjustified disadvantage; $15,000 compensation

Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.

Matched passage: Outcome: Redundancy was genuine and dismissal substantively justified, but significant good faith/consultation defects meant unjustified disadvantage was upheld.
PARKER-JONES v GPC ASIA PACIFIC LIMITED [2025] NZERA 571 - abandonment process unfair; dismissal unjustified

GPC treated Ms Parker-Jones as having abandoned her employment after a period involving significant medical issues and absence. The ERA examined whether the employer had enough information and followed a fair process before treating the relationship as ended.

Matched passage: ... and 1 August 2025 (by AVL) (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues. Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues. In summary, Non-publication orders [3] Following the ...
LEVI-ADAMS v GREENE [2025] NZERA 531 - material withheld until after dismissal; dismissal unjustified

Ms Levi-Adams was dismissed by Greene after a process in which important material was not provided to her until after the termination decision. The ERA examined whether she had been given the information and opportunity to respond that a fair and reasonable employer was required to provide.

Matched passage: At a glance Citation: [2025] NZERA 531 Registry: Auckland Parties: LEVI-ADAMS v GREENE Authority member: Jeremy Lynch Hearing date: 13 November 2024, 13 August 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
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: If language ability is itself said to be a performance problem, an employer cannot ignore that same barrier when communicating warnings and possible dismissal.
BRENNAN v STELLA 2020 LIMITED and Ors [2025] NZERA 449 - dismissal without fair process; compensation and lost wages

Ms Brennan's employment with Stella 2020 ended on 30 July 2024 without a fair disciplinary or dismissal process. The employer did not participate effectively in the ERA investigation, which proceeded on the evidence available to the Authority.

Matched passage: At a glance Citation: [2025] NZERA 449 Registry: Wellington Parties: BRENNAN v STELLA 2020 LIMITED and Ors Authority member: Rowan Anderson Hearing date: 3 July 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension

Auckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.

Matched passage: But those shortcomings did not ultimately cause unfair treatment in the dismissal decision.
FEC v HES [2026] NZERA 475 - constructive dismissal failed but unjustified disadvantage found over home visits

FEC was a beginning school principal whose relationship with the board deteriorated after a parent-related incident. Among the challenged conduct were after-hours visits by the presiding member to FEC's home to deal with school employment matters, followed eventually by FEC's resignation.

Matched passage: Key point: constructive dismissal failed because FEC's written resignation gave her partner's health as the reason for resigning, and the Board was entitled to rely on that written reason.
HAI ZHENG v JCD NZ LIMITED [2025] NZERA 453 - constructive dismissal; compensation and penalty

Hai Zheng's employment dispute with JCD concerned whether he had resigned or whether employer breaches caused his departure, together with associated disadvantage and contractual claims. The ERA examined whether the employer's conduct made resignation a reasonably foreseeable consequence.

Matched passage: At a glance Citation: [2025] NZERA 453 Registry: Auckland Parties: HAI ZHENG v JCD NZ LIMITED Authority member: Robin Arthur Hearing date: 4 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.

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