After further confirmation from Ms Hirst's representative, the single issue for investigation was one of unjustified direct dismissal.
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Results for unfair dismissal
A penalty determination was made. Mr Zheng's dismissal [24] On 26 May 2023 Mr Yan sent Mr Zheng a text message confirming BTL had summarily dismissed Mr Zheng from his employment because he ...
... Storage Ltd [2025] NZERA 269, the ERA found a probationary period dismissal was unjustified where the employer relied on inaccurate absence data and did not fairly assess suitability through training, guidance, ...
Ms Stillman says her dismissal on the basis of redundancy was not genuine, in that it lacked substantive justification and was procedurally deficient.
After an earlier unjustified dismissal determination and costs award, the employee applied for a compliance order because the employer and director had not paid.
The ERA found this repudiatory conduct caused an unjustified constructive dismissal.
The dismissal was unjustified and Barfoot & Thompson was ordered to pay $30,000 compensation.
The ERA found there was no valid trial or probationary period, the qualification and performance grounds did not justify dismissal, and the outcome was predetermined.
