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Results for unfair dismissal

Showing 177-184 of 266 results
Thomas Patrick Kenna v Anztec Limited [2026] NZERA 120 - redundancy found genuine but consultation defective; unjustified disadvantage; $15,000 compensation

Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.

Matched passage: Mr Kenna ended his email saying if he did not obtain satisfactory answers or an alternative solution he felt he had "grounds for unfair dismissal through redundancy".
Adam Gifford v Uma Broadcasting Limited [2026] NZERA 96 - redundancy unjustified for consultation failures and no redeployment discussion; $24,230 lost wages, $19,000 compensation, $1,500 penalty

After 18 years at Radio Waatea, senior journalist and editor Adam Gifford was selected for redundancy in a restructure merging English and Māori newsroom functions. The employer had genuine business reasons but did not fairly disclose key proposal information, clearly identify his role as at risk or consult over redeployment.

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.
Aiga Faamanu Roache v Landcorp Farming Limited t/a Pamu [2026] NZERA 55 - redundancy restructure held unjustified; $18,000 compensation and $8,900.15 lost wages

Aiga Faamanu Roache's Accounts Payable Team Leader role at Pamu was disestablished after automation reduced manual finance processing. The ERA examined whether Pamu had actually explained why her leadership role was surplus, allowed meaningful consultation and handled redeployment properly.

Matched passage: Ex-gratia payments are not a free pass: A goodwill redundancy payment does not automatically wipe out statutory remedies for unjustified dismissal.
JHJ v IXX [2026] NZERA 2 - Unjustified dismissal and temporary non-publication

JHJ challenged a dismissal by IXX in a proceeding subject to temporary non-publication. The ERA considered whether the employer had substantive and procedural justification and what lost remuneration and distress compensation should follow if the grievance succeeded.

Matched passage: No fair process: The employer did not investigate, did not put concerns to the employee, and did not provide an opportunity to respond before dismissal.
Haochen Guo v Su's Investment Limited [2025] NZERA 805 - suspension without process, bullying, and redundancy while on ACC leave; $25,000 compensation plus arrears and penalty

Haochen Guo was suspended, complained of bullying and was later made redundant while absent on ACC leave. The ERA examined the fairness of the suspension and workplace treatment as well as whether the purported redundancy was genuine and properly consulted on.

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.
Limei Wang v Serenity Float Clinic Limited [2025] NZERA 599 - redundancy without consultation despite insolvency

Limei Wang was made redundant by Serenity Float Clinic while the business was in serious financial difficulty. The issue was not whether insolvency pressures were real, but whether those pressures excused the employer from consulting with her before deciding that her employment would end.

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.
WILKINS v DD GROUP HOLDINGS LIMITED [2025] NZERA 536 - 90-day trial invalid because agreement was signed after work began

DD Group Holdings relied on a 90-day trial clause to dismiss Kelly Wilkins, but she had already begun paid training before the employment agreement containing the clause was signed. Her own conduct was also relevant to remedies.

Matched passage: Winning the dismissal claim does not guarantee full remedies: employee conduct can still lead to a substantial contribution reduction.
TYACK v BIG B CARTAGE LIMITED [2025] NZERA 436 - text was not resignation; employer later dismissed employee

Big B Cartage said Mr Tyack had resigned by text, while Tyack maintained he had not and later attempted to return after a period of medical incapacity. The case turned on who actually ended the employment relationship and whether the employer could rely on the alleged resignation.

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

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