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Results for unfair dismissal

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RAINA v HALL'S REFRIGERATED TRANSPORT LIMITED [2025] NZERA 469 - disciplinary process and dismissal procedurally unfair

Mr Raina faced disciplinary action by Hall's Refrigerated Transport, including a meeting invitation that did not tell him he could bring a support person and a generic warning that dismissal was possible. The case concerned both disadvantage during the process and the justification for the eventual termination.

Matched passage: At a glance Citation: [2025] NZERA 469 Registry: Auckland Parties: RAINA v HALL'S REFRIGERATED TRANSPORT LIMITED Authority member: Andrew Gane Hearing date: 29 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
James Honotapu v Atlas Fibrous Plaster Company Limited [2026] NZERA 587 - absenteeism dismissal followed an unfair process

Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.

Matched passage: It reflected the distinct point that both parties contributed to the situation: the employee through persistent attendance failures and the employer through a procedurally unfair dismissal.
OCO v ZUA [2025] NZERA 790 - Constructive dismissal after unfair suspension and defective disciplinary process

OCO resigned after being suspended and put through a disciplinary process by ZUA. The case centred on whether the suspension and investigation were fair and whether the employer's cumulative conduct was serious enough to make the resignation a constructive dismissal.

Matched passage: If you have been pushed into resigning, suspended unfairly, or put through a defective disciplinary process, get advice early.
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: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.

Matched passage: ... octopus handling; live crayfish receival; CCTV footage; final written warning; summary dismissal; public holiday arrears Dismissal outcome: unjustified dismissal established Compensation: $20,000 for humiliation, loss of dignity and injury to feelings Lost wages: three ...
Tihei Kereopa-Rerekura v Cruz Bar Ltd [2023] NZERA 376 - Unjustified dismissal during Covid isolation, redundancy not genuine

Tihei Kereopa-Rerekura's employment at Cruz Bar ended while Covid isolation requirements were affecting work. The employer relied on redundancy, but the ERA examined whether there was a genuine redundancy and whether any fair consultation process occurred before the employment ended.

Matched passage: Contact Employee Case Form Read more Employment Relations Authority (ERA) Unfair dismissal Redundancy and restructuring
Evidence for unjustified dismissal personal grievance claims: what to collect

Evidence checklist for an unjustified-dismissal or personal-grievance case: agreements, letters, texts, meeting records, rosters, pay evidence, medical material, job-search records and a reliable chronology.

Matched passage: Read our full article: Download File: Employee Unfair Dismissal and Personal Grievance Evidence Matters Want help building a clean evidence pack?
Eric Paul Tillocksingh v Driver Employment Limited [2026] NZERA 663 - resign or be dismissed ultimatum was an unjustified dismissal

After a customer complaint, truck driver Eric Tillocksingh was called into meetings without advance written allegations or warning that dismissal was possible. The ERA preferred his evidence that he was told to resign or be dismissed, found the process fundamentally unfair, and awarded $15,000 compensation plus $17,448.75 lost remuneration.

Matched passage: Why this case matters This is a strong example of the difference between resignation and dismissal.

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