WXN, a long-serving Auckland Airport maintenance technician, lost his job after not meeting a COVID-19 vaccination requirement and sought interim reinstatement while challenging the termination. The ERA declined interim relief.
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An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
Colin Bradshaw claimed he was dismissed after a confrontation during a removal job and a related pay dispute with Ocean To Alps. The ERA had to separate the alleged termination from the employer's subsequent handling of the incident, communications and unpaid hours.
Limei Wang was made redundant by Serenity Float Clinic while the business was in serious financial difficulty. The issue was not whether insolvency pressures were real, but whether those pressures excused the employer from consulting with her before deciding that her employment would end.
Rhino-Rack recorded Todd Dormer's commission entitlement only as '10% paid quarterly'. He argued this meant 10 percent of sales or gross margin, while the company said a broader Sales Commission Scheme with individual, regional and company targets applied.
Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.
Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.
How employers should prepare for MBIE employment mediation: case assessment, documents, settlement range, negotiation strategy, Calderbank offers and precise s 149 settlement terms.
