ZiGen Wong worked for NZAT Construction without a valid work visa and was later denied wages and employment protections on the basis that the arrangement was not lawful employment. He claimed employee status, arrears and constructive dismissal.
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Results for unjustified dismissal
Mr Raina faced disciplinary action by Hall's Refrigerated Transport, including a meeting invitation that did not tell him he could bring a support person and a generic warning that dismissal was possible. The case concerned both disadvantage during the process and the justification for the eventual termination.
WRW resigned after McCarthy Enterprises proposed changes to her work and the relationship deteriorated. The ERA had to decide whether the employer's conduct was sufficiently serious and causative to convert that resignation into a constructive dismissal and whether any wage loss was proved.
Mr Da Silva left a meeting with DSJ Joinery believing he had been dismissed, although the employer said the meeting was about health and safety rather than discipline. The ERA examined whether there was an actual dismissal and, if not, whether the employer's conduct nevertheless ended the relationship.
Mr Riseley resigned from Huntly Joinery after a series of employer actions that he said destroyed the employment relationship. The ERA had to decide whether those breaches were sufficiently serious and causative to turn the resignation into a constructive dismissal.
Tammy Stevenson had worked regular cleaning hours for Mountain Chalets for years despite the employer describing her as casual. A dispute over guaranteed hours and a phone conversation then led her to claim dismissal and challenge the employer's treatment of her employment status and holiday entitlements.
Phil Jacklin argued that Planit Software Testing's short-term incentive clause guaranteed him a 25 percent bonus paid quarterly. The employer said the scheme was discretionary, while a separate issue concerned its failure to set KPIs and eligible amounts at the beginning of the financial year as promised.
Mr Paetz resigned from Solly's Freight after disputes about excessive hours and the employer's failure to conduct a required pay review. He argued those ongoing breaches caused his resignation and also independently disadvantaged him while employed.
