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.
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Results for dismissal process
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.
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.
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.
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.
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.
Constructive Dismissal
TopicA 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.
New Zealand unfair dismissal (unjustified dismissal) case summaries from the Employment Relations Authority (ERA), explaining key facts, outcomes, and lessons for employees and employers.
