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Results for unjustified dismissal
![Jingkai Wang v Envoco Limited [2025] NZERA 845 - resignation, covert recordings and limited unjustified disadvantage](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Jingkai Wang claimed Envoco had dismissed him and subjected him to bullying and an unsafe workplace, while the employer said he resigned. The evidence also included covert recordings and a trial clause signed only after work had begun.
Trang Bui worked in a small hospitality business where the parties disputed pay, working arrangements and the circumstances in which her employment ended. The ERA considered dismissal and disadvantage claims alongside minimum employment entitlement issues.
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.
Rachel Hankins was employed by Huhtamaki Henderson on a fixed-term arrangement. Although the ERA accepted there was a valid basis for the fixed term itself, her employment was ended before the agreed expiry and the employer had to justify that early termination separately.
Aurora Developments disputed when quantity surveyor Junchen Xu became an employee, saying his first month was only unpaid learning and observation, and later made him redundant without a proposal or consultation. He also claimed wages, incentives and holiday entitlements.
Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.
Tracy Alpar worked for Bookieland under an unsigned seasonal fixed-term arrangement and was later told through WhatsApp that her employment had ended. The ERA had to decide whether the purported fixed term complied with the statutory requirements and whether the termination was justified.
Mr Kumar resigned from JK Hospitality after alleging he was repeatedly denied proper breaks and practical support at work. The ERA considered whether those breaches were sufficiently serious that resignation was a reasonably foreseeable response.
