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Results for unjustified dismissal

Showing 161-168 of 325 results
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: ... concrete worker Employment period: May 2022 to 14 May 2024 Key issues: on-the-spot summary dismissal; heated worksite exchange; alleged aggressive conduct; final written warning; failed THC test; procedural fairness; contribution Unjustified dismissal: established Unjustified ...
Jennifer Jacobsen v Cube Innovations Limited [2026] NZERA 356 - invalid trial period, no notice, and dismissal by email

Jennifer Jacobsen was dismissed by email only days into part-time work for Cube Innovations. Cube relied on a 90-day trial even though the evidence indicated she had started work before signing the agreement and the employer had not given the contractual notice required by the clause.

Matched passage: ... rate: $29 per hour Expected hours: Monday, 8:30am to 3:00pm with a half-hour lunch break Dismissal date: 4 March 2025 Trial period: held invalid / unavailable to protect the dismissal Unjustified dismissal: established Unjustified disadvantage: established for failure to ...
Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 - courier driver held to be employee; constructive dismissal after ACC pressure; $26,146.26 ordered

Courier driver Xiaoshuai Huang was bitten by a dog, went on ACC and was pressured to withdraw his ACC claim on the basis that Fast Horse said he was a contractor. After he refused, he was removed from the work messaging system and stopped receiving jobs.

Matched passage: pdf"; } Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 This determination deals with an "employee vs contractor" dispute in the courier industry, and a personal grievance for unjustified dismissal by constructive dismissal.
Aiga Faamanu Roache v Landcorp Farming Limited t/a Pamu [2026] NZERA 55 - redundancy restructure held unjustified; $18,000 compensation and $8,900.15 lost wages

Aiga Faamanu Roache's Accounts Payable Team Leader role at Pamu was disestablished after automation reduced manual finance processing. The ERA examined whether Pamu had actually explained why her leadership role was surplus, allowed meaningful consultation and handled redeployment properly.

Matched passage: Ex-gratia payments are not a free pass: A goodwill redundancy payment does not automatically wipe out statutory remedies for unjustified dismissal.
Julie Curtis v Affordable UK Caravans and Parts Limited [2026] NZERA 46 - constructive dismissal after employer refused wages and delayed return; $25,000 compensation

Julie Curtis had a regular 20-hour week with Affordable UK Caravans when the employer told her there was no work until mid-January and refused to pay her contracted hours. She treated the prolonged exclusion from paid work as a serious breach and resigned.

Matched passage: Repudiation and constructive dismissal: refusing to provide work and refusing to pay contracted wages was a serious breach and repudiatory conduct.
ZHANG v PENG and ANOR [2026] NZERA 16 - Constructive dismissal upheld; $18,000 compensation; $62,831 wage arrears; $3,730 premium repaid.

Mr Zhang paid a $3,730 premium to obtain restaurant employment and later accumulated substantial unpaid wages. He resigned after the employment relationship deteriorated and argued the employer's breaches had forced that resignation.

Matched passage: The Authority held the resignation amounted to a constructive dismissal and found the dismissal was unjustified.
PRASAD v WARRIOR NZ LIMITED [2025] NZERA 492 - employer breaches caused constructive dismissal

Mr Prasad's employment with Warrior NZ deteriorated after employer breaches and a breakdown in the working relationship. The employer did not attend the ERA investigation meeting despite being served with the proceeding.

Matched passage: At a glance Citation: [2025] NZERA 492 Registry: Wellington Parties: PRASAD v WARRIOR NZ LIMITED Authority member: Natasha Szeto Hearing date: 20 May 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Wang v Steel Master Co Ltd [2025] NZERA 457 - dismissal, not resignation; $11,000 compensation and 8 weeks lost wages

Steel Master said Mr Wang had resigned, but he had been given a choice between finding another job and being unilaterally dismissed. The ERA examined the objective effect of that ultimatum rather than the employer's description of the ending.

Matched passage: The ERA disagreed, finding the employment ended by the employer's action and that the dismissal was unjustified.

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