Use the search box below (or in the menu bar above) to find topics and articles.
Results for constructive dismissal
![Aaron Potter v Talley's Limited [2026] NZERA 412 - flawed HSR election disciplinary process and unjustified dismissal](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
... and intimidation; procedural fairness; serious misconduct; summary dismissal; good faith; remedy amendments; contribution Outcome: unjustified dismissal and breach of good faith established Remedies: $20,000 ...
... issues: close-up duties; alleged rule breaches; final warning letter; dismissal by text message; lack of disciplinary meeting; support person rights; wage and time records Dismissal outcome: unjustified dismissal ...
... v Fast Horse Express [2025] NZERA 644 (employees) Issues: unjustified dismissal (Ms Xiao, Mr Yang, Ms Liu) and unjustified disadvantage (Ms Liu) Outcome: all dismissals unjustified; Ms Liu also unjustifiably ...
... proceeded on an incorrect fixed term premise and did not follow a dismissal process (investigation, raising concerns, and giving a meaningful opportunity to respond), it could not justify the dismissal. The ...
The Authority also addressed the argument sometimes raised in redundancy cases: that a procedural defect should only produce an unjustified disadvantage finding, not unjustified dismissal.
Ms Pankhum said she was never told there was a performance problem and the dismissal came as a complete shock.
... and Harpal Bal [2026] NZERA 128 This determination combines an unfair dismissal Personal Grievance (PG) with employment standards findings about a "premium" (paying money to secure a job / visa). It is also a ...
... Outcome: unjustified disadvantage (inadequate training) and unjustified dismissal (no fair process; probation misunderstanding) both upheld Orders: $2,000 compensation (training disadvantage) + $11,000 compensation ...
