Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Results for ERA
![Jimmy Nelson v The Digger Man Limited [2025] NZERA 835 - dismissal for unexplained absences held unjustified on process; remedies reduced 50% for contribution; $720 lost wages and $5,000 compensation](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Jimmy Nelson was dismissed by The Digger Man after repeated attendance problems and unexplained absences. The employer had genuine concerns, but the issue was whether it gave him a final, fair opportunity to understand the seriousness of the latest incidents and explain himself before termination.
North Beach relied on a 90-day trial clause to argue Noel Camacho could not bring an unjustified-dismissal grievance, but the same employment agreement also contained a probation clause that conflicted with the trial wording.
Shania Mortimer was dismissed by Auckland Steam 'N' Dry under a purported trial period. The dispute concerned whether the trial clause was legally effective, whether any dismissal process occurred, and the employer's wage and record-keeping compliance.
OCO resigned after being suspended and put through a disciplinary process by ZUA. The case centred on whether the suspension and investigation were fair and whether the employer's cumulative conduct was serious enough to make the resignation a constructive dismissal.
Shenwei Zhang worked for Fat Dragon Restaurant Management under an arrangement the employer described as casual. After the relationship deteriorated, his work was ended through WeChat and he pursued dismissal, wage and holiday-pay claims.
Lautusi Isaako worked full-time for ABS Builders under day-to-day direction but the respondents disputed aspects of the employment relationship and later ended his work by text after raising performance concerns for the first time. The case also involved public-holiday, annual-leave and record-keeping failures.
Four Krazy Price Mart employees said they routinely worked about 60 hours over six days while being paid for substantially fewer hours and were later dismissed when the business was sold without adequate consultation. The case combined personal grievances with extensive minimum-entitlement claims.
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.
