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Results for unjustified dismissal

Showing 209-216 of 274 results
ZiGen Wong v NZAT Construction Limited [2026] NZERA 193 - employee status found despite no visa; $18,187.50 wage arrears + $1,455 holiday pay; constructive dismissal upheld

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.

Matched passage: Compensation The Authority accepted Mr Wong experienced emotional impact from the unjustified dismissal and the surrounding circumstances.
RAINA v HALL'S REFRIGERATED TRANSPORT LIMITED [2025] NZERA 469 - disciplinary process and dismissal procedurally unfair

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.

Matched passage: At a glance Citation: [2025] NZERA 469 Registry: Auckland Parties: RAINA v HALL'S REFRIGERATED TRANSPORT LIMITED Authority member: Andrew Gane Hearing date: 29 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
WRW v MCCARTHY ENTREPREISES LIMITED [2025] NZERA 452 - employer conduct caused constructive dismissal; no lost wages

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.

Matched passage: At a glance Citation: [2025] NZERA 452 Registry: Christchurch Parties: WRW v MCCARTHY ENTREPREISES LIMITED Authority member: Philip Cheyne Hearing date: 4 and 5 February 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).
DA SILVA v DSJ JOINERY LIMITED [2025] NZERA 444 - no express dismissal at meeting, but later conduct ended employment

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.

Matched passage: At a glance Citation: [2025] NZERA 444 Registry: Auckland Parties: DA SILVA v DSJ JOINERY LIMITED Authority member: Natasha Szeto Hearing date: 23 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
RISELEY v HUNTLY JOINERY 2000 LIMITED [2025] NZERA 342 - employer breaches caused constructive dismissal

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.

Matched passage: At a glance Citation: [2025] NZERA 342 Registry: Wellington Parties: RISELEY v HUNTLY JOINERY 2000 LIMITED Authority member: Sarah Kennedy-Martin Hearing date: 16 and 17 January 2025 (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Tammy Maxine Stevenson v Mountain Chalets (2005) Limited [2025] NZERA 248 - not dismissed, but unjustified disadvantage; casual label rejected, $8,000 compensation and holiday pay recalculation

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.

Matched passage: It applied an objective approach to the question of dismissal.
Phil Jacklin v Planit Software Testing Limited [2026] NZERA 264 - bonus clause held discretionary; KPI delay breached contract; $10,000 unjustified disadvantage award

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.

Matched passage: Orders No constructive dismissal: the unjustified dismissal claim failed.
PAETZ v SOLLY'S FREIGHT (1978) LIMITED [2025] NZERA 319 - The Authority found a constructive dismissal was established.

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.

Matched passage: Conclusion on personal grievances [76] Mr Paetz has established personal grievances for unjustified action causing disadvantage in connection with Solly's requiring him to work more than 40 hours per week and Solly's failing to review his pay as required in the IEA.

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