Yang (Helen) Feng worked for Dong Construction in circumstances involving a disputed trial period and claims for unpaid employment entitlements. The ERA examined whether the trial clause could lawfully prevent a dismissal grievance and what wages or other payments remained owing.
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Results for unjustified dismissal
Mr Chase-Pona resigned after workplace disputes including a theft allegation, but Coin Total terminated his employment before his notice period expired. The ERA had to determine whether the employment ended by resignation, dismissal or constructive dismissal.
DUN TRAN v HUYNH [2025] NZERA 73 - dismissal and employment-entitlement claims partly successful
CaseDun Tran's employment dispute with Huynh involved the ending of the employment relationship together with claims about pay and workplace treatment. The ERA had to separate the dismissal issue from the employment-standard claims and determine which alleged breaches were actually established.
Ms O'Brien's proceeding against The Platform concerned employment grievances arising before her later dismissal. After the investigation meeting she sought to add dismissal-related claims, creating a procedural dispute about whether those new matters belonged in the determination already under way.
Mr Cully resigned from The Work Shop Limited and alleged the employer's breaches were serious enough to amount to constructive dismissal. He also sought unpaid wages and compensation, requiring the ERA to determine whether his resignation was legally attributable to the employer's conduct.
Architectural technician Ms Xu was told her role was redundant during a downturn in work. The employer had genuine commercial reasons to reduce staffing, but the decision was communicated without meaningful consultation beforehand.
Senior Sergeant Jasmine Woollett challenged decisions surrounding her Fiji deployment, including her recall and the process Police used after her working relationship with a deployment manager deteriorated. Her claim was for unjustified disadvantage rather than dismissal.
Singh v McKee [2026] NZEmpC 146 - Employment Court increased PG compensation from $8,000 to $15,000
CaseThe Employment Court left the ERA's unchallenged finding of unjustified redundancy dismissal in place but increased compensation for humiliation, loss of dignity and injury to feelings from $8,000 to $15,000. The judgment is useful guidance on evidence of emotional harm and the updated compensation bands.
