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Results for dismissal process

Showing 145-152 of 204 results
RISELEY v HUNTLY JOINERY 2000 LIMITED [2025] NZERA 342 - employer breaches caused constructive dismissal

Mr Riseley resigned from Huntly Joinery after a series of employer actions that he said destroyed the employment relationship. The ERA had to decide whether those breaches were sufficiently serious and causative to turn the resignation into a constructive dismissal.

Matched passage: At a glance Citation: [2025] NZERA 342 Registry: Wellington Parties: RISELEY v HUNTLY JOINERY 2000 LIMITED Authority member: Sarah Kennedy-Martin Hearing date: 16 and 17 January 2025 (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
MOKE v RAUKURA HAUORA O TAINUI TRUST [2025] NZERA 48 - external investigation and disciplinary process partly unjustified

Ms Moke faced complaints and an external investigation while employed by Raukura Hauora O Tainui Trust. The case examined the fairness of the investigation, disciplinary steps and the Trust's eventual preliminary and final conclusions, including whether tikanga and kaupapa-based processes altered the statutory fairness requirements.

Matched passage: ... 19 April 2024 (4 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, In July 2023, ...
Shaun Graves v NZSL Employment Limited [2026] NZERA 669 - contractor became an employee before summary dismissal

Shaun Graves initially worked through his own contracting company, but later moved onto NZSL's PAYE payroll, worked regular hours under its direction and used its equipment. The ERA found he had become an employee from 23 September 2024 and was unjustifiably dismissed when simply told his services were no longer required.

Matched passage: The Employment Relations Authority found that from 23 September 2024 he was an employee and that telling him his services were no longer required without any process was an unjustified dismissal.
Emily Barr v Brooker Travel Limited [2026] NZERA 651 - bullying complaint failures led to constructive dismissal

Emily Barr complained about repeated belittling and dismissive treatment by her manager. Brooker Travel obtained an external investigation but then failed to adequately protect her, disclose the final report or provide a workable return-to-work plan. The ERA found unjustified disadvantage and constructive dismissal, awarding $20,000 compensation and six months' lost wages with associated entitlements.

Matched passage: But the Employment Relations Authority found what happened after the complaint was inadequate: Ms Barr was not properly protected during the process, the final report was withheld, findings were minimised and there was no workable plan to restore the employment relationship.
Fatima Fahmy v Minimarc Childcare Centre Inc [2026] NZERA 585 - performance dismissal lacked objective assessment

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Matched passage: ... Centre Incorporated, trading as Marc Early Learning Centre Role: registered ECE teacher Dismissal: 3 July 2025 Determination: 24 August 2026 Outcome: unjustified dismissal Reinstatement: ordered Lost wages: from dismissal to 30 April 2026, less casual earnings Compensation: ...
Adarsh Chand v Professional Stylish Barber Shop Limited [2026] NZERA 244 - unjustified constructive dismissal after unjustified warnings; $12,000 compensation + $14,560 reimbursement

Adarsh Chand resigned from Professional Stylish Barber Shop after disciplinary warnings and employment treatment he said had destroyed the relationship. The ERA examined whether the warning was substantively and procedurally justified and whether the resulting resignation was caused by the employer's breaches.

Matched passage: Practical takeaways Warnings require process: before issuing discipline, an employer must put allegations to the employee, investigate, and give a real opportunity to respond (and to have support).
Sinclair-Walker v Alert Monitoring Otago (1994) Limited [2026] NZERA 29 - unjustified dismissal; $25,000 compensation and $16,900 lost remuneration

Alert Monitoring dismissed Carl Sinclair-Walker for alleged serious misconduct after raising three concerns about his work performance. The ERA examined whether those concerns and the process used could justify immediate termination.

Matched passage: At a glance Citation: [2026] NZERA 29 Registry: Christchurch Parties: SINCLAIR-WALKER v ALERT MONITORING OTAGO (1994) LIMITED Outcome: Unjustified dismissal upheld.
UDUMULLAGA v HOPKINS JOINERY LIMITED [2025] NZERA 270 - employer-prepared resignation and redundancy dismissal unjustified

Ms Udumullaga was presented with an employer-prepared resignation letter and was later told her job had already been disestablished. The dispute concerned redundancy, periods when she said she was fit and available to work, unpaid entitlements, and whether the employer's process was genuine and fair.

Matched passage: ... but was told by Hopkins not to attend work, through to the date she received the dismissal letter on 28 November 2023. A penalty of $3,000 being a failure to pay wages when due for the period 16 November to her dismissal on 28 November 2023. It is submitted that this ...

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