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Results for unfair dismissal

Showing 217-224 of 266 results
KNOX v RECRUIT IT GROUP LIMITED [2025] NZERA 4 - redundancy rationale and consultation failed scrutiny

Recruit IT Group made Mr Knox's consultant role redundant shortly before another staff member was promoted into a consultant position. Mr Knox argued the redundancy rationale, consultation timeframe and claimed lack of redeployment options did not withstand scrutiny.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment

BAZ had genuine commercial reasons to make Luo's role redundant, but the employee was not given a fair opportunity to engage with the proposal or meaningful redeployment possibilities before the decision was made.

Matched passage: Unjustified dismissal The Authority concluded that the restructure was substantively genuine but procedurally deficient.
Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269 - Probationary period dismissal held unjustified; $9,000 compensation + $14,040.40 lost wages; penalties dismissed

Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.

Matched passage: If you are facing a probationary-period dismissal, performance concerns, attendance allegations, or an ERA investigation meeting, we can help with strategy, documents, and representation.
Juliet Hull v Sleaktek Limited and Robert Lawrence [2026] NZERA 579 - CEO wins dismissal and disadvantage claims

Sleaktek stopped paying chief executive Juliet Hull, pursued a redundancy process she said was predetermined and later raised serious-misconduct allegations that had not been fairly put to her. The case also concerned director Robert Lawrence's personal involvement.

Matched passage: The Employment Relations Authority upheld her unjustified dismissal and disadvantage claims and made substantial monetary orders.
Yucen Xi v Silvertime Trading Limited [2026] NZERA 580 - resign or be fired ultimatum was unjustified dismissal

Silvertime's store manager summoned Yucen Xi to an evening meeting without explaining its purpose, told her to resign or be fired, demanded her key and called security before any allegations had been fairly raised with her.

Matched passage: pdf"; } Yucen Xi v Silvertime Trading Limited [2026] NZERA 580 A store manager summoned Yucen Xi to an evening meeting without explaining its purpose, then gave her a choice between resigning and being fired.
Eun Joo Kim v Sage & Umber Limited and Pei Su [2026] NZERA 555 - public attack caused constructive dismissal

Café owner Pei Su loudly questioned chef Eun Joo Kim's competence and honesty in front of staff and told her she could go if she could not do the job. Ms Kim left immediately after the confrontation.

Matched passage: Constructive dismissal established The Authority treated the matter as constructive dismissal rather than deciding whether the statement that Ms Kim could go was itself a direct dismissal.
Jonathan Rhodes v Barfoot & Thompson Limited [2026] NZERA 543 - medical incapacity dismissal before a genuine opportunity to recover

Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.

Matched passage: $30,000 compensation and no contribution Mr Rhodes gave compelling evidence about the dismissal's impact.
Briar Kennedy v Adulto HR Limited [2026] NZERA 537 - missing trial clause and predetermined performance dismissal

Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.

Matched passage: ... date: 7 August 2026 Role: bartender, intended to progress to duty manager Outcome: unjustified dismissal established Lost remuneration: $14,900 gross Compensation: $16,000 Contribution: no reduction Total ordered: $30,900 Costs: reserved Employment and intended ...

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