![FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension
CaseThe ERA upheld the dismissal, found the initial suspension caused unjustified disadvantage, and awarded $3,000 compensation.
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ERA held the employee was not dismissed after a confrontation on a removal job, so the unjustified dismissal claim failed.
The employer still needs a fair process and a fair and reasonable reason for dismissal.
7 articles
An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point.
Among the matters requiring proper examination was whether the employer had adequately and constructively considered alternatives which could preserve the employment relationship.
Ending the work on 15 April 2025 was an unjustified dismissal.
... retail assistant in liquor stores at Mount Roskill and Whangaparaoa Dismissal reason given: serious misconduct / aggressive behaviour towards a female director Suspension: cancellation of shifts from 3 to 15 ...
Its failure to do that was an unjustified disadvantage and a breach of the good-faith duty to maintain a constructive employment relationship.
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