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Results for unfair dismissal

Showing 177-184 of 321 results
LIEN v HUYNH [2025] NZERA 70 - trial-period defence fails; dismissal and underpayment grievance succeed

Ms Lien was dismissed from a nail salon after allegations about outside work and later criticism of her performance. The employer also relied on a 90-day trial defence and disputed wages, although the alleged performance concerns had not been properly raised during employment.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
Disciplinary meetings: employee rights and common employer mistakes

Employee rights at a disciplinary meeting: clear allegations, relevant information, representation, time to prepare, a genuine opportunity to answer and an open-minded decision-maker.

Matched passage: If we don't attend the meeting then I say "when you're fired, come back to us", and I also stress that you record the meeting, take notes, ask questions, and don't agree to anything.
Resignation letter: how to write it safely for a constructive dismissal case

Two resignation-letter approaches are explained: an ordinary amicable resignation and a resignation that records the employer conduct relied on for a possible constructive-dismissal grievance.

Matched passage: If your employer fails to address the concerns you raised, that can strengthen your constructive dismissal argument.
Conner Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 480 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Conner Powell was made redundant by OH and N Contracting as forestry work wound down and no replacement work had been secured. The ERA accepted that business pressure was genuine but examined whether the employer consulted before deciding the redundancy and complied with notice and record obligations.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
Philip Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 481 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Philip Powell was made redundant from OH and N Contracting as forestry work reduced and no replacement contract had been secured. The ERA accepted there was a genuine business reason to reduce staff but examined whether the employer had consulted, disclosed information, considered alternatives and paid notice correctly.

Matched passage: ... 2026 Role: site foreman in logging work Employment period: November 2022 to January 2025 Dismissal type: redundancy Business reason: genuine business information existed, but process failed Dismissal: procedurally unjustified Contribution: no reduction Unpaid wages / notice ...
Neil Hall v Consultex Company Limited [2026] NZERA 410 - genuine redundancy but unjustified process

Neil Hall was made redundant from Consultex's Northland asbestos and mould work after a downturn that gave the employer a genuine reason to reduce headcount. The dispute centred on whether Consultex complied with its good-faith information and consultation obligations before choosing and implementing the redundancy.

Matched passage: ... competing business preparations Commercial rationale: accepted as genuine Outcome: unjustified dismissal established because the process breached good faith Compensation: $8,000 Lost wages: withdrawn by Mr Hall before determination Contribution: no reduction Costs: ...
Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.

Matched passage: ... engineered resignation; continuity of employment; Holidays Act entitlements; constructive dismissal; redundancy arising from a business sale; redeployment; consultation; notice; unpaid wages; penalties and interest Findings: continuous employment for Holidays Act purposes; ...
Jeanette Go v Point Limited [2026] NZERA 369 - genuine redundancy but flawed consultation and undisclosed selection criteria

Point Limited made estimator Jeanette Go redundant after a genuine downturn in estimation work, but did not disclose its selection criteria, interview the other estimators or properly engage with her reduced-hours alternative before preparing the termination outcome.

Matched passage: ... reduced-hours proposal; redeployment; compensation; lost wages; penalties Outcome: unjustified dismissal and unjustified disadvantage established Compensation: $18,000 under section 123(1)(c)(i) Lost wages: $5,769.23 gross, equivalent to four weeks' salary Penalties: ...

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