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.
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Results for unjustified dismissal
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.
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.
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.
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.
FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension
CaseAuckland 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.
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.
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.
