But the dismissal was still unjustified because OH and N did not follow a good-faith restructuring process before ending Mr Powell's employment.
Search employment law articles and guides
Use the search box below (or in the menu bar above) to find topics and articles.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for unfair dismissal
Keene Construction provided no evidence, filed no reply, did not attend the investigation meeting, and did not justify the dismissal.
... It found, however, that Mr Mitchell had a strongly arguable unjustified-dismissal case, including an arguable predetermination concern arising from a review process, how that review later fed into the disciplinary ...
The ERA found a clear dismissal without consultation, found that Mr Shea had also been bullied in an unsafe workplace, and ordered $45,600 in notice pay, lost wages, compensation and costs.
Neil Hall v Consultex Company Limited [2026] NZERA 410 - genuine redundancy but unjustified process
CaseThe ERA found unjustified dismissal and ordered $8,000 compensation, with no reduction for contribution.
It also found a later redundancy dismissal unjustified because the business sale remained uncertain, redeployment was not properly considered, relevant information was withheld, and no contractual notice was provided.
The Authority found unjustified dismissal and unjustified disadvantage, ordering $11,500 compensation and four weeks' salary.
The ERA found this amounted to unjustified dismissal and ordered $10,000 compensation and $12,870 gross lost wages.
