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Results for dismissal process

Showing 185-192 of 270 results
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: The dismissal was unjustified.
Paul Adams v EverEdge Global Limited [2026] NZERA 509 - employer stopped paying founder to force resignation

EverEdge stopped paying founder and CEO Paul Adams while he continued working from Amsterdam, ignored repeated requests for his salary and later gave inconsistent explanations for the non-payment. Mr Adams ultimately resigned.

Matched passage: The most likely conclusion was that pay was stopped to pressure Mr Adams in the share-sale and settlement disputes and to obtain his resignation without following an employment process.
Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real

After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.

Matched passage: The timing and manner of the process gave her no reasonable opportunity to respond before the company made its decision.
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: ... with several direct reports in a busy call centre environment Key issue: medical incapacity dismissal; whether the final decision was procedurally fair Outcome: unjustified dismissal established Reinstatement: declined Lost wages: declined Compensation: $25,000 assessed, ...
Sasha Lee v JNJ Management Limited and National Holdings Limited [2026] NZERA 309 - redundancy unjustified, duties removed without consultation, wage arrears and holiday pay ordered

Sasha Lee performed management, HR and operational work across JNJ group businesses before duties were removed and her position was later declared redundant. She challenged both the unilateral reduction of responsibilities and the redundancy process, together with wage and holiday-pay issues.

Matched passage: The ERA treated the allegation as serious and found that, if known while the employment relationship was still on foot, it could potentially have resulted in dismissal.
Phil Jacklin v Planit Software Testing Limited [2026] NZERA 264 - bonus clause held discretionary; KPI delay breached contract; $10,000 unjustified disadvantage award

Phil Jacklin argued that Planit Software Testing's short-term incentive clause guaranteed him a 25 percent bonus paid quarterly. The employer said the scheme was discretionary, while a separate issue concerned its failure to set KPIs and eligible amounts at the beginning of the financial year as promised.

Matched passage: The claims and what Mr Jacklin sought Mr Jacklin framed the resignation as a constructive dismissal caused by Planit's contractual breaches.
Stephanie Martin v SAS Builders Limited [2026] NZERA 226 - genuine restructure but consultation and redeployment failures

SAS Builders made Stephanie Martin redundant during a 2024 restructure. The central issues were whether the commercial restructure was genuine, whether the consultation was fair, and whether she should have been considered for a new role created in the business.

Matched passage: In order to do so it must undertake a fair process compliant with s 4 of the Act and have genuine reasons for the change.
Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 - courier driver held to be employee; constructive dismissal after ACC pressure; $26,146.26 ordered

Courier driver Xiaoshuai Huang was bitten by a dog, went on ACC and was pressured to withdraw his ACC claim on the basis that Fast Horse said he was a contractor. After he refused, he was removed from the work messaging system and stopped receiving jobs.

Matched passage: pdf"; } Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 This determination deals with an "employee vs contractor" dispute in the courier industry, and a personal grievance for unjustified dismissal by constructive dismissal.

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