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Results for dismissal process

Showing 169-176 of 270 results
Fatima Fahmy v Minimarc Childcare Centre Inc [2026] NZERA 585 - performance dismissal lacked objective assessment

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Matched passage: ... Centre Incorporated, trading as Marc Early Learning Centre Role: registered ECE teacher Dismissal: 3 July 2025 Determination: 24 August 2026 Outcome: unjustified dismissal Reinstatement: ordered Lost wages: from dismissal to 30 April 2026, less casual earnings Compensation: ...
Adarsh Chand v Professional Stylish Barber Shop Limited [2026] NZERA 244 - unjustified constructive dismissal after unjustified warnings; $12,000 compensation + $14,560 reimbursement

Adarsh Chand resigned from Professional Stylish Barber Shop after disciplinary warnings and employment treatment he said had destroyed the relationship. The ERA examined whether the warning was substantively and procedurally justified and whether the resulting resignation was caused by the employer's breaches.

Matched passage: Practical takeaways Warnings require process: before issuing discipline, an employer must put allegations to the employee, investigate, and give a real opportunity to respond (and to have support).
Sinclair-Walker v Alert Monitoring Otago (1994) Limited [2026] NZERA 29 - unjustified dismissal; $25,000 compensation and $16,900 lost remuneration

Alert Monitoring dismissed Carl Sinclair-Walker for alleged serious misconduct after raising three concerns about his work performance. The ERA examined whether those concerns and the process used could justify immediate termination.

Matched passage: At a glance Citation: [2026] NZERA 29 Registry: Christchurch Parties: SINCLAIR-WALKER v ALERT MONITORING OTAGO (1994) LIMITED Outcome: Unjustified dismissal upheld.
UDUMULLAGA v HOPKINS JOINERY LIMITED [2025] NZERA 270 - employer-prepared resignation and redundancy dismissal unjustified

Ms Udumullaga was presented with an employer-prepared resignation letter and was later told her job had already been disestablished. The dispute concerned redundancy, periods when she said she was fit and available to work, unpaid entitlements, and whether the employer's process was genuine and fair.

Matched passage: ... but was told by Hopkins not to attend work, through to the date she received the dismissal letter on 28 November 2023. A penalty of $3,000 being a failure to pay wages when due for the period 16 November to her dismissal on 28 November 2023. It is submitted that this ...
Resink v Employment Services Limited [2025] NZERA 104 - constructive dismissal after continuing good-faith breaches

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.

Matched passage: Retrieving the vehicle did not itself amount to an unequivocal direct dismissal.
Christmas party misconduct: when employers can discipline or dismiss

Employment-law lessons from misconduct at Christmas parties and other work functions, including alcohol, off-duty conduct, investigations and when discipline or dismissal may be justified.

Matched passage: Christmas parties and misconduct - employer process still applies Out-of-hours conduct can still become an employment issue when it affects the employment relationship.
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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