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Results for unjustified dismissal

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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.
BALI v R1i TECHNOLOGY LIMITED [2025] NZERA 409 - Webex dismissal without fair process

R1i Technology dismissed Mr Bali during a Webex meeting and then confirmed the decision in writing. The employer did not participate in the ERA proceeding and the evidence showed no meaningful process satisfying the minimum statutory tests of procedural fairness.

Matched passage: At a glance Citation: [2025] NZERA 409 Registry: Auckland Parties: BALI v R1i TECHNOLOGY LIMITED Authority member: Jeremy Lynch Hearing date: 9 July 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
YAQUB v NEILSONS LAWYERS LIMITED [2025] NZERA 139 - suspension disadvantage and constructive dismissal upheld

Neilsons Lawyers suspended Mr Yaqub during an investigation into alleged conduct. He later resigned, alleging that the continuing suspension and the way the investigation was handled had made continued employment untenable.

Matched passage: In summary, He says he had no choice but to resign due to an unfair and unjustified investigation the employer undertook into alleged conduct of his and that his resignation was in law an unjustifiable constructive dismissal.

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