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Results for unjustified dismissal

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XU v ABHYUDAYA LIMITED and Anor [2025] NZERA 502 - genuine redundancy but process unjustified

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.

Matched passage: The Authority found the redundancy decision had a genuine business basis, but the dismissal was procedurally unjustified due to inadequate consultation.
Jasmine Woollett v Commissioner of Police [2026] NZERA 53 - Fiji deployment recall and unfair process; $21,000 compensation

Senior Sergeant Jasmine Woollett challenged decisions surrounding her Fiji deployment, including her recall and the process Police used after her working relationship with a deployment manager deteriorated. Her claim was for unjustified disadvantage rather than dismissal.

Matched passage: Recall from Fiji: The Authority found the decision was procedurally unjustified because Police failed to consult Ms Woollett before deciding to repatriate and denied her a meaningful chance to influence decisions about ongoing allowances.
Casual employment dismissal: when casuals can still claim unfair dismissal

Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.

Matched passage: Dismissal by text (or being removed from the roster) without a meeting or chance to respond.
Getting IRD (myIR) records for an unjustifiable dismissal claim: unfair dismissal lost wages evidence

How to obtain and use myIR income records as independent evidence of pre- and post-dismissal earnings when calculating wage arrears and lost-remuneration claims.

Matched passage: ... cases where there are claims involving wage arrears and holiday pay owing. Cases involving unjustified dismissal or unjustified disadvantage where lost gross wages and holiday pay are being claimed will also require our employee client to obtain their IRD records from their ...
Singh v McKee [2026] NZEmpC 146 - Employment Court increased PG compensation from $8,000 to $15,000

The Employment Court left the ERA's unchallenged finding of unjustified redundancy dismissal in place but increased compensation for humiliation, loss of dignity and injury to feelings from $8,000 to $15,000. The judgment is useful guidance on evidence of emotional harm and the updated compensation bands.

Matched passage: pdf"; } Singh v McKee [2026] NZEmpC 146 - Employment Court increased PG compensation from $8,000 to $15,000 Mr Singh had already succeeded in the Authority on an unjustified dismissal arising from a truncated and incomplete redundancy process.
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).

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