Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.
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Results for ERA
MON v ALLIED AUTO PARTS LIMITED [2025] NZERA 590 - dismissal by text unjustified; no contribution
CaseAllied Auto Parts dismissed Mr Mon by text message and required him to work out two weeks' notice. The employer later relied on concerns about working from home and other matters, but no proper disciplinary or dismissal process had been carried out.
Ms Bell challenged the disestablishment of her role at Hubergroup, arguing that the redundancy lacked a genuine business basis and that she was given an inadequate opportunity to consult on a proposal assembled in haste.
JAYALATH v INFOSYS LIMITED [2025] NZERA 539 - dismissal over mandatory training modules unjustified
CaseInfosys dismissed Mr Jayalath for failing to complete mandatory online business modules after a disciplinary process run partly by overseas management. He challenged both the substantive basis for treating the failure as dismissible conduct and the fairness of the procedure.
DD Group Holdings relied on a 90-day trial clause to dismiss Kelly Wilkins, but she had already begun paid training before the employment agreement containing the clause was signed. Her own conduct was also relevant to remedies.
Mr Canales accepted a part-time window-installer job with Thermashield but missed his intended first day because of a migraine. The case turned on whether an employment relationship had already been formed and whether later text messages brought it to an end.
A truck driver said Transport (Waimate) had effectively sent him away after a difficult meeting and then prevented a normal return to work. The employer maintained that he had resigned, making the central issue whether its actions objectively amounted to dismissal.
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.
