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Results for unjustified dismissal

Showing 153-160 of 325 results
Adam Gifford v Uma Broadcasting Limited [2026] NZERA 96 - redundancy unjustified for consultation failures and no redeployment discussion; $24,230 lost wages, $19,000 compensation, $1,500 penalty

After 18 years at Radio Waatea, senior journalist and editor Adam Gifford was selected for redundancy in a restructure merging English and Māori newsroom functions. The employer had genuine business reasons but did not fairly disclose key proposal information, clearly identify his role as at risk or consult over redeployment.

Matched passage: ... plain-English summary of an Employment Relations Authority (ERA) determination about an unjustified redundancy dismissal at Radio Waatea / UMA Broadcasting Limited, including consultation failures, redeployment issues, and a Wages Protection Act penalty for withholding ...
Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 - Employee status confirmed, dismissal by text, 3 months lost wages, $15k compensation, holiday pay arrears, costs

Lautusi Isaako worked full-time for ABS Builders under day-to-day direction but the respondents disputed aspects of the employment relationship and later ended his work by text after raising performance concerns for the first time. The case also involved public-holiday, annual-leave and record-keeping failures.

Matched passage: Need help with an unfair dismissal or a contractor vs employee dispute?
Constructive Dismissal
33 articles

A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.

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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: ... Fibrous Plaster Company Limited Employment: from 2011, following an earlier lengthy period Dismissal: 16 July 2024 Determination: 24 August 2026 Outcome: unjustified dismissal Lost wages before contribution: $5,148 gross Compensation before contribution: $12,000 Contribution: ...
Jonathan Rhodes v Barfoot & Thompson Limited [2026] NZERA 543 - medical incapacity dismissal before a genuine opportunity to recover

Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.

Matched passage: $30,000 compensation and no contribution Mr Rhodes gave compelling evidence about the dismissal's impact.
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: The Employment Relations Authority found three unjustified disadvantages and an unjustified dismissal.
Filisi Beswick v Friendly Loans Limited [2026] NZERA 436 - medical incapacity dismissal without a fair inquiry

Friendly Loans dismissed Filisi Beswick for medical incapacity less than four weeks after hospitalisation, despite updated information that her condition had improved and requests to discuss returning or working from home. The employer also deducted $2,439.09 from her final pay for a loan.

Matched passage: Orders made Unjustified dismissal: established.
Neil Hall v Consultex Company Limited [2026] NZERA 410 - genuine redundancy but unjustified process

Neil Hall was made redundant from Consultex's Northland asbestos and mould work after a downturn that gave the employer a genuine reason to reduce headcount. The dispute centred on whether Consultex complied with its good-faith information and consultation obligations before choosing and implementing the redundancy.

Matched passage: ... competing business preparations Commercial rationale: accepted as genuine Outcome: unjustified dismissal established because the process breached good faith Compensation: $8,000 Lost wages: withdrawn by Mr Hall before determination Contribution: no reduction Costs: ...

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