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Results for unfair dismissal

Showing 17-24 of 321 results
Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified

Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.

Matched passage: An employer can establish genuine serious misconduct and still lose the dismissal case if the employee was not given the evidence and reasoning needed to answer the real case against them.
Jia Jia v TBS Trading Limited and Helen Han [2026] NZERA 478 - no employment agreement, late wages and radio-silent dismissal

Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
Nata Venceslau Dos Santos v Nresh Group Limited [2026] NZERA 363 - hostile workplace, visa pressure, unjustified dismissal, wage arrears and penalties

Nata Venceslau Dos Santos described a hostile workplace in which visa-related pressure, pay issues and deteriorating treatment preceded the end of employment. The ERA considered dismissal alongside wage arrears and minimum employment-standard breaches.

Matched passage: ... Employer's business: commercial painting contractor Core claims: unjustified disadvantage, unjustified dismissal, wage arrears, holiday pay, interest and penalties Unjustified disadvantage: established in relation to a hostile and insecure work environment Health and safety ...
Cameron Keen v Prestige Paving NZ Limited [2026] NZERA 344 - unjustified dismissal after employer stopped providing work and pay

Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.

Matched passage: Unjustified dismissal The Authority also found that Prestige unjustifiably dismissed Mr Keen.
Mujahid Khan v Chief Executive of the Ministry for Primary Industries [2026] NZERA 316 - interim reinstatement ordered after dismissal of senior quarantine officer

Senior quarantine officer Mujahid Khan, an 18-year MPI employee, sought interim reinstatement after dismissal while his substantive grievance remained unresolved. The ERA considered the strength of the arguable dismissal case, the possibility of permanent reinstatement and the balance of convenience.

Matched passage: The substantive unjustified dismissal claim still needed to be investigated and finally determined.
Prasath Balachandariyar v Civtec Limited [2026] NZERA 302 - redundancy selection unfairly used asthma and wrist injury; compensation and lost wages ordered

Prasath Balachandariyar was selected for redundancy after workplace health issues including asthma and a wrist injury became part of the employer's assessment. He argued the selection process unfairly used his medical circumstances and that the employer had not conducted a fair redundancy process.

Matched passage: ... workplace wrist injury; modified duties; Records of Conversation; sick leave; unjustified dismissal; unjustified disadvantage; remedies Outcome: the redundancy rationale and process were accepted, but the selection scoring was unfair and the dismissal was ...
Kyle Horsefield v Eurocars Limited [2026] NZERA 293 - car salesperson labelled casual was a permanent employee; dismissal by text message unjustified; $12,345 ordered

Kyle Horsefield sold cars for Eurocars under an arrangement labelled casual, but his work had the characteristics of ongoing employment. The employer later ended the relationship by text, raising both employment-status and dismissal-justification issues.

Matched passage: ... employed from 12 to 21 November 2024 Key issues: casual vs permanent employment; dismissal by text message; good faith; breach of employment agreement; procedural fairness; substantive justification; remedies; contribution; penalties; costs Outcome: permanent ...

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