Master Z Food said Ms Li resigned during an April 2023 meeting; Li said she was told the decision had already been made to dismiss her and she could merely work out the week. Contemporary WeChat messages were central to resolving who ended the employment.
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Results for unfair dismissal
Mr van Heerden was told at a 30 January 2024 meeting that his position had been disestablished and his employment was ending for redundancy. The decision had effectively been made before he was told his job was at risk, and the process mixed redundancy with irrelevant performance and conduct concerns.
ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.
Employment-law lessons from misconduct at Christmas parties and other work functions, including alcohol, off-duty conduct, investigations and when discipline or dismissal may be justified.
Apprentice builder Nicholas Stalker experienced repeated late and missing wage payments before being dismissed by text for alleged performance and misconduct without prior warnings, investigation or an opportunity to respond. The ERA upheld unjustified dismissal and disadvantage claims and ordered compensation, 13 weeks' lost wages, substantial arrears, notice pay, holiday pay, a penalty and costs.
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.
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.
PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.
