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Results for unjustified dismissal

Showing 193-200 of 274 results
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: ... and two director respondents (Charl Eksteen and Jodi Eksteen) Main issues: redundancy dismissal process (s 103A and s 4); unpaid wages and holiday pay (employment standards); notice; compensation; whether directors were "involved in the breach" (ss 142W and 142Y) Outcome: ...
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: The dismissal was unjustified, although remedies were reduced by 70% for contribution.
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: ... 9 June 2025 (by Audio Visual Link) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, Mr ...
PINK v POWERNET LIMITED [2025] NZERA 374 - redundancy business case not genuine

PowerNet proposed to disestablish Ms Pink's occupational-health role and replace the service model, but the ERA scrutinised whether the proposal genuinely reflected her whole role, the asserted flexibility rationale and the lack of supporting costings.

Matched passage: At a glance Citation: [2025] NZERA 374 Registry: Christchurch Parties: PINK v POWERNET LIMITED Authority member: Antoinette Baker Hearing date: 12 March 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2023] NZERA 568 - compliance order declined after late payment; further costs awarded

Bridget Addy had already obtained an unjustified-dismissal determination and costs against Auckland Steam 'N' Dry and Graeme Stephens. When the ordered sums were not paid on time, she returned to the ERA seeking a compliance order and related relief.

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.
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: Unjustified constructive dismissal Both asserted forms of constructive dismissal were established.
Askkan Vakilipour Takaloo v Kaur Queens Trading Limited [2026] NZERA 507 - taxi driver was an employee and constructively dismissed

Kaur Queens Trading labelled taxi driver Ashkan Vakilipour Takaloo an independent contractor, but controlled and integrated his work into its taxi business. The relationship broke down amid withheld wages, aggressive verbal abuse and cancellation of his ability to work out his notice.

Matched passage: The Employment Relations Authority found that he was an employee and that withholding his final wages, aggressive verbal abuse and preventing him from working out his notice amounted to unjustified constructive dismissal.
Glenice Cooper v Success Realty [2025] NZERA 782 - redundancy, performance; what the ERA decided and what was ordered

After 21 years as a marketing manager, Glenice Cooper was dismissed for redundancy by Success Realty. By the investigation meeting the employer conceded the dismissal was unjustified, leaving the ERA to determine the proper level of lost remuneration, bonus and compensation.

Matched passage: It was accepted by SRL that in all the circumstances, this amounted to an unjustified dismissal.

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