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Results for unjustified dismissal

Showing 225-232 of 325 results
DA SILVA v DSJ JOINERY LIMITED [2025] NZERA 444 - no express dismissal at meeting, but later conduct ended employment

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.

Matched passage: At a glance Citation: [2025] NZERA 444 Registry: Auckland Parties: DA SILVA v DSJ JOINERY LIMITED Authority member: Natasha Szeto Hearing date: 23 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
RISELEY v HUNTLY JOINERY 2000 LIMITED [2025] NZERA 342 - employer breaches caused constructive 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.

Matched passage: At a glance Citation: [2025] NZERA 342 Registry: Wellington Parties: RISELEY v HUNTLY JOINERY 2000 LIMITED Authority member: Sarah Kennedy-Martin Hearing date: 16 and 17 January 2025 (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Tammy Maxine Stevenson v Mountain Chalets (2005) Limited [2025] NZERA 248 - not dismissed, but unjustified disadvantage; casual label rejected, $8,000 compensation and holiday pay recalculation

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.

Matched passage: It applied an objective approach to the question of dismissal.
Phil Jacklin v Planit Software Testing Limited [2026] NZERA 264 - bonus clause held discretionary; KPI delay breached contract; $10,000 unjustified disadvantage award

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.

Matched passage: Orders No constructive dismissal: the unjustified dismissal claim failed.
PAETZ v SOLLY'S FREIGHT (1978) LIMITED [2025] NZERA 319 - The Authority found a constructive dismissal was established.

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.

Matched passage: Conclusion on personal grievances [76] Mr Paetz has established personal grievances for unjustified action causing disadvantage in connection with Solly's requiring him to work more than 40 hours per week and Solly's failing to review his pay as required in the IEA.
Probationary period dismissal: what process employers must follow

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.

Matched passage: Therefore, a surprise dismissal at the end of a probationary period without prior warning from the employer will easily result in dismissal being unjustified.
Jingkai Wang v Envoco Limited [2025] NZERA 845 - resignation, covert recordings and limited unjustified disadvantage

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.

Matched passage: The Authority characterised that as a limited unjustified disadvantage.
TRANG BUI v HUYNH [2025] NZERA 72 - dismissal and employment-entitlement claims partly successful

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.

Matched passage: ... meeting: 9-12 September 2024 (Wellington) Determination date: 14 February 2025 Outcome: Unjustified dismissal found; 90-day trial defence rejected; remedies ordered. Story in plain English This decision deals with a dismissal during what the employer said was a 90-day trial ...

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