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Edgecumbe Supermarket Ltd v Petersen [2026] NZEmpC 56 - ERA unjustified dismissal finding upheld

Mrs Petersen was immediately suspended after raising concerns about a work task, was required to leave her uniform behind and was threatened with trespass. The dispute was whether those actions objectively communicated that her employment was over.

Matched passage: ... issue: whether the employee had been dismissed and the effect of the employer's immediate suspension Background Mrs Petersen worked for Edgecumbe Supermarket. A dispute arose after she raised concerns about carrying out a task. The employer immediately suspended her, required ...
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: The Employment Relations Authority found constructive dismissal, unjustified summary dismissal and unjustified suspension.
Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.

Matched passage: Suspension without consultation The individual employment agreement allowed suspension on full pay pending a fact-finding or disciplinary investigation, but required consultation with the employee.
BLIGNAUT v WASTE MANAGEMENT NZ LIMITED [2025] NZERA 560 - The personal grievance for unjustified disadvantage was upheld.

Mr Blignaut challenged Waste Management's treatment of him during a workplace conflict, including alleged bullying, suspension and pressure to resign, before he was ultimately dismissed for alleged serious misconduct. The ERA considered both the pre-dismissal disadvantage claims and the termination itself.

Matched passage: Alleged suspension and attempts to procure Mr Blignaut's resignation [116] Mr Blignaut says he was suspended and a number of events towards the end of his employment constituted attempts to procure his resignation.
LAZARO v WAIMEA CONTRACT CARRIERS LIMITED [2025] NZERA 472 - no dismissal at December meeting; later termination and notice addressed

Mr Lazaro said Waimea Contract Carriers dismissed him at a 4 December meeting; the employer said he was merely suspended on full pay while training and other options were considered, and that employment ended later after he refused to return.

Matched passage: After that, WCC says it did not dismiss Mr Lazaro, but it did discuss with him the limited options available given his need for further training and it suspended him on full pay until Mr Lazaro considered the options and advised what he wished to do.
PETERSEN v EDGECUMBE SUPERMARKET LIMITED [2025] NZERA 473 - told to leave and surrender uniform amounted to dismissal

Edgecumbe Supermarket said Mrs Petersen was merely suspended after refusing an instruction and that her employment was going to end anyway because of overseas travel. Petersen said she was told to leave, surrender her uniform and was threatened with trespass, which objectively conveyed that she had been fired.

Matched passage: Later, As a result of that incident, Mr Gorrie says he suspended Mrs Petersen until the end of her shift, when her employment was due to end in any event.
Personal Grievance (PG)
17 articles

A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

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Constructive Dismissal
33 articles

A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.

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