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.
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Results for unjustified 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.
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.
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.
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.
The difference between a probationary period and a statutory 90-day trial, and the fair process an employer must still follow before dismissing an employee on probation.
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 v HUYNH [2025] NZERA 72 - dismissal and employment-entitlement claims partly successful
CaseTrang 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.
