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Results for unjustified disadvantage

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RAY YU v SYNERGY NUTRITION LIMITED [2025] NZERA 64 - Unjustified dismissal and unjustified disadvantage (warning)

Synergy Nutrition issued Ray Yu a written warning and later dismissed him amid concerns including phone use and his ability to work night shifts. The ERA separately assessed the fairness of the warning, dismissal and Yu's own conduct under the contribution provisions.

Matched passage: ... (gross, five weeks) (plus holiday pay on that sum of $474.56) Compensation: $5,000 (for unjustified disadvantage) and $14,000 (for unjustified dismissal) (before any contribution deductions) Contribution deductions: 30% on the disadvantage compensation and 20% on the ...
Jacob Maarschalk v West Auckland Trust Services Limited [2024] NZERA 333 - Unjustified disadvantage found over rostering changes and flawed final written warning; $8,500 ordered

Jacob Maarschalk was contracted for 25 hours a week but was regularly rostered for substantially more at West Auckland Trust Services. The dispute concerned later roster changes and a final written warning, including whether he was given a fair opportunity to comment before those decisions affected his employment.

Matched passage: ... employee had full-time hours; whether rostering changes and a final written warning were unjustified actions; remedies and contribution. Outcome: Unjustified disadvantage established (rostering process and warning process). Compensation of $8,500 ordered. Costs reserved. ...
Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

Matched passage: Mr Colyer resigned after receiving a written warning and claimed unjustified disadvantage and constructive dismissal.
LMN v STC [2026] NZEmpC 137 - unauthorised reference checks and medical leave caused unjustified disadvantage

The Employment Court found two unjustified disadvantages in a long-running school employment dispute: former employers listed on LMN's CV were contacted without authority while her grievances were being investigated, and medical certificates were not properly recognised when dealing with her leave. Most of LMN's wider claims failed.

Matched passage: ... } LMN v STC [2026] NZEmpC 137 - unauthorised reference checks and medical leave caused unjustified disadvantage Non-publication and anonymisation: this article uses the anonymised party names used in the judgment and does not identify protected children, parents or other ...
Ziyu Xiao and Youtian Yang, and Limei Liu v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 222 - delivery drivers cut off via app/WhatsApp after complaints; unjustified dismissals and disadvantage; $54,500 ordered

Delivery drivers Ziyu Xiao, Youtian Yang and Limei Liu lost access to Fast Horse's app or WhatsApp work channels after raising concerns about their work and pay. The ERA examined whether those digital cut-offs amounted to dismissals and whether the employer had also caused unjustified disadvantage beforehand.

Matched passage: ... determination: Xiao, Yang & Liu v Fast Horse Express [2025] NZERA 644 (employees) Issues: unjustified dismissal (Ms Xiao, Mr Yang, Ms Liu) and unjustified disadvantage (Ms Liu) Outcome: all dismissals unjustified; Ms Liu also unjustifiably disadvantaged Orders: $50,000 ...
Gregory Brian Clarke v Omni Health Limited [2026] NZERA 265 - redundancy substantively justified, but process unfair; $10,000 compensation for disadvantage

Gregory Clarke was made redundant from Omni Health during financial and organisational change. The ERA accepted the commercial rationale and found no suitable redeployment role, but examined whether a series of consultation and process defects caused a separate unjustified disadvantage even though the redundancy itself was genuine.

Matched passage: Because the redundancy was substantively justified, the outcome was not an unjustified dismissal remedy outcome.
DWYER v OAKVUE BLOODSTOCK LIMITED [2025] NZERA 251 - disadvantage succeeds but constructive-dismissal claim fails

Ms Dwyer brought sexual-harassment, unjustified-disadvantage, constructive-dismissal and good-faith claims arising from her work at Oakvue Bloodstock. The ERA separated the alleged harassment and resignation issues from specific employer actions that actually disadvantaged her employment.

Matched passage: Ms Dwyer sought a global award of compensation of $25,000 to $30,000 for hurt and humiliation under s 123(1)(c)(i) of the Act, in relation to her claims of sexual harassment, unjustified disadvantage and unjustified constructive dismissal.
Unjustified Disadvantage
84 articles

Unjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.

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