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.
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Results for unjustified dismissal
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.
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.
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.
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.
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.
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.
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.
