Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.
Search Employment Law
Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for workplace investigation
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.
Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.
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.
KMW was selected for redundancy by ZIB Digital after a process the employee said had been predetermined and gave consultation no real prospect of changing the outcome. The ERA examined the business rationale, the information provided and whether the consultation was genuine.
Yusong Du v Sly House Limited [2025] NZERA 765 - WeChat dismissal and 50% contribution reduction
CaseSly House sent migrant construction worker Yusong Du a WeChat message saying he was unsuitable because he was too slow and lacked strength, then argued he had abandoned the job. The ERA also considered evidence that he had overstated his prior work experience.
Before the substantive employment dispute in GXQ v NMK was determined, NMK sought permanent name suppression and a broad non-publication order. The application required the ERA to balance claimed personal consequences against the normal principle that Authority proceedings and determinations are open to the public.
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.
