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.
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Results for unjustified dismissal
Mr van Heerden was told at a 30 January 2024 meeting that his position had been disestablished and his employment was ending for redundancy. The decision had effectively been made before he was told his job was at risk, and the process mixed redundancy with irrelevant performance and conduct concerns.
Timber Town Harvesting summarily dismissed Mr Brown after relying on an earlier workplace incident and disputed warnings. The case examined whether the reasons actually relied on were properly put to him and whether he had been given a meaningful opportunity to understand and correct the employer's concerns.
Expert Moving dismissed Mr Uerata without meeting the minimum procedural requirements in s 103A or its good-faith consultation obligations. The dispute also involved unpaid amounts and the hours he had been working before termination.
Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.
Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.
Café owner Pei Su loudly questioned chef Eun Joo Kim's competence and honesty in front of staff and told her she could go if she could not do the job. Ms Kim left immediately after the confrontation.
Qi Sun was an apprentice builder with Keene Construction when he queried an unpaid $300 apprenticeship-cost payment. The director then texted that there would not be a company and told him not to bother coming to work, creating a dispute about whether those messages amounted to dismissal.
