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Results for unjustified dismissal

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Hao v South Pole IP Holding (NZ) Limited [2025] NZERA 245 - pressure to resign caused constructive dismissal

South Pole treated Xinhua Hao as having agreed to resign, despite his repeated denials, then withheld work and continued pressing the resignation dispute. The ERA found those actions caused an unjustified constructive dismissal.

Matched passage: Why this case matters Hao v South Pole is a practical example of a disputed resignation becoming constructive dismissal.
ADO v JOAN FERNIE CHARITABLE TRUST BOARD [2025] NZERA 3 - redundancy found to be a pretext for conduct concerns

ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.

Matched passage: Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Kevin Whelan v The Board of Trustees of Lindisfarne College [2026] NZERA 558 - justified dismissal but notice breach caused disadvantage

Lindisfarne College dismissed long-serving IT manager Kevin Whelan after a serious comment to students while showing CCTV footage of an accident. Although the misconduct could justify dismissal, the College paid four weeks in lieu rather than complying with the collective agreement's one-month notice mechanism or properly invoking instant dismissal.

Matched passage: Why this case matters Whelan v Lindisfarne College shows that a personal grievance can succeed in one respect even where dismissal itself is justified.
LYONS v ROTORUA LAKES COUNCIL [2025] NZERA 467 - summary dismissal disproportionate; 100% contribution to compensation

Rotorua Lakes Council summarily dismissed recreation planner Richard Lyons after repeated absences and failures to communicate. Its own code classified the conduct as misconduct subject to a progressive warning process, rather than serious misconduct warranting immediate dismissal.

Matched passage: 55 Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
Payal v JB Hospitality Ltd [2026] NZERA 18 - Constructive dismissal, wage arrears, and premium payments

Payal worked for JB Hospitality in a relationship involving unpaid wages and alleged premium payments. She resigned after the employment problems persisted and argued that the employer's breaches were sufficiently serious to amount to constructive dismissal.

Matched passage: Key findings (plain English) Constructive dismissal: The Authority was satisfied the employer's breaches were serious enough that resignation was reasonably foreseeable.
Fiona Scott v Ritchies Transport Holdings Limited [2026] NZERA 342 - casual bus driver found to be permanent and unjustifiably dismissed

Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.

Matched passage: ... issues: casual versus permanent employment; removal of shifts; no further shifts offered; dismissal by cessation of work; first written warning; toilet break route deviation Dismissal outcome: unjustified dismissal established Disadvantage outcome: first written warning was ...
Shaoqiang Chen v Wen Hui Lin [2026] NZERA 307 - cash-paid cook unjustifiably dismissed, minimum wage arrears and penalties ordered

Shaoqiang Chen worked long hours as a cook at Beached As Takeaways, was paid cash below lawful rates and later had his employment ended. The case involved employer identity, minimum-wage and holiday entitlements, record failures and the justification for dismissal.

Matched passage: ... employer; cash payment; no written employment agreement; permanent or temporary employment; unjustified dismissal; bullying; minimum wage arrears; public holidays; alternative holidays; annual holidays; PAYE; mitigation; penalties Outcome: unjustified dismissal established; ...
Angus Jowitt v Gokula Music Limited [2026] NZERA 297 - music shop worker dismissed by text after coffee dispute; wage arrears, holidays, compensation and penalties ordered

Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.

Matched passage: Unjustified dismissal remedies Lost wages: one month, $2,970 Mr Jowitt was entitled to consideration of lost wages because he had established a personal grievance for unjustified dismissal.

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