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Results for unfair dismissal

Showing 145-152 of 266 results
Noel Jr Camacho v North Beach Limited [2025] NZERA 824 - 90-day trial clause held ineffective because probation and trial terms conflicted; employee may bring PG

North Beach relied on a 90-day trial clause to argue Noel Camacho could not bring an unjustified-dismissal grievance, but the same employment agreement also contained a probation clause that conflicted with the trial wording.

Matched passage: Preliminary issues can be determinative: a failed trial clause means the employer is back in the ordinary dismissal justification framework.
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: ARML failed to adequately consider alternatives to dismissal because it had closed its mind to options short of dismissal.
Invalid trial period clause, no process, and wage record failures - Shania Mortimer v Auckland Steam 'N' Dry Limited [2025] NZERA 808; $30,087.30 ordered (lost remuneration and distress compensation)

Shania Mortimer was dismissed by Auckland Steam 'N' Dry under a purported trial period. The dispute concerned whether the trial clause was legally effective, whether any dismissal process occurred, and the employer's wage and record-keeping compliance.

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.
BLIGNAUT v WASTE MANAGEMENT NZ LIMITED [2025] NZERA 560 - The personal grievance for unjustified disadvantage was upheld.

Mr Blignaut challenged Waste Management's treatment of him during a workplace conflict, including alleged bullying, suspension and pressure to resign, before he was ultimately dismissed for alleged serious misconduct. The ERA considered both the pre-dismissal disadvantage claims and the termination itself.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
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: Read more Employment Relations Authority unfair dismissal cases .
Lita Beattie v Matthew Roberts [2026] NZERA 450 - employee status, unpaid wages and constructive dismissal

Lita Beattie worked as Head Chef/Kitchen Manager in a relationship the respondent treated inconsistently and left with significant wage arrears. The ERA had to determine employee status, unpaid entitlements and whether employer conduct forced her resignation.

Matched passage: That made the resignation a constructive dismissal.
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: Remedies can include reimbursement even where resignation occurred: if constructive dismissal is established, lost-wage reimbursement and compensation can follow.
Tracy Alpar v Bookieland Limited [2026] NZERA 191 - unsigned seasonal fixed term not enforceable; dismissal by WhatsApp; $12,000 compensation and $14,000 reimbursement

Tracy Alpar worked for Bookieland under an unsigned seasonal fixed-term arrangement and was later told through WhatsApp that her employment had ended. The ERA had to decide whether the purported fixed term complied with the statutory requirements and whether the termination was justified.

Matched passage: ... Investigation meeting: 26 August 2025 (Blenheim) Determination date: 30 March 2026 Claims: unjustified dismissal; compensation; lost wages; holiday arrears Outcome: unjustified dismissal upheld; $12,000 compensation; $14,000 reimbursement (two months); annual holiday arrears ...

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