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Results for unfair dismissal
![Resink v Employment Services Limited [2025] NZERA 104 - constructive dismissal after continuing good-faith breaches](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Employment Services pursued a disciplinary investigation without clearly identifying all allegations or providing requested information. An intimidating visit to recover Frank Resink's company vehicle became the last straw in continuing breaches of good faith.
This costs determination followed Christopher Wyeth's partly successful employment case against Hansen Products. The dispute was whether costs should be reduced because he had rejected a $10,000 Calderbank settlement offer before the substantive determination.
A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.
Mr Wei's claims followed a workplace altercation and the employer's response to it, including the eventual end of his employment and disputed wage-related entitlements. CCTV footage and conflicting accounts of the incident were central to the ERA investigation.
Ms Lien was dismissed from a nail salon after allegations about outside work and later criticism of her performance. The employer also relied on a 90-day trial defence and disputed wages, although the alleged performance concerns had not been properly raised during employment.
Conner Powell was made redundant by OH and N Contracting as forestry work wound down and no replacement work had been secured. The ERA accepted that business pressure was genuine but examined whether the employer consulted before deciding the redundancy and complied with notice and record obligations.
Philip Powell was made redundant from OH and N Contracting as forestry work reduced and no replacement contract had been secured. The ERA accepted there was a genuine business reason to reduce staff but examined whether the employer had consulted, disclosed information, considered alternatives and paid notice correctly.
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.
