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Results for unjustified dismissal

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Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 - 90-day trial invalid before start, unjustified dismissal, penalties

Kaytlin Pinder was dismissed under a purported 90-day trial period. The key issue was whether the trial provision had been validly agreed before she became an employee, together with related failures to provide proper employment documentation.

Matched passage: Need help with a 90 day trial, unjustified dismissal, or an ERA claim?
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: nz/judgments/decisions/"; } Edgecumbe Supermarket Ltd v Petersen [2026] NZEmpC 56 - ERA unjustified dismissal finding upheld Edgecumbe Supermarket unsuccessfully challenged the Employment Relations Authority determination in favour of Mrs Petersen.
QN v FT LIMITED [2025] NZERA 99 - unjustified dismissal

QN was summarily dismissed as a branch manager after FT Limited investigated an alleged undisclosed conflict of interest involving the engagement of a close family member's company. The ERA examined both the underlying conflict and whether the investigation and decision-making process was fair.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Evidence for unjustified dismissal personal grievance claims: what to collect

Evidence checklist for an unjustified-dismissal or personal-grievance case: agreements, letters, texts, meeting records, rosters, pay evidence, medical material, job-search records and a reliable chronology.

Matched passage: That error could be an unjustified dismissal, unfair treatment in the workplace, a pay issue or any of the many issues you can find advice for on our website.
Rakai Tawhiwhirangi v Chief Executive of the Department of Corrections [2026] NZERA 402 - unjustified dismissal after self-defence acquittal

Corrections dismissed prison officer Rakai Tawhiwhirangi for alleged unjustified use of force after an incident that also resulted in a criminal prosecution in which he was acquitted on self-defence grounds. The ERA examined the employer's independent investigation, the evidence available and the fairness of the serious-misconduct conclusion.

Matched passage: ... decision-maker impartiality; unnotified concerns; reinstatement; contribution Outcome: unjustified dismissal established Reinstatement: declined as not reasonable or practicable Compensation: $17,000 after a 15 percent contribution reduction Lost wages: $19,882.50 after a ...
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: ... Role: painter's assistant 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 ...
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: ... work period after closedown; employer non-communication; unilateral leave without pay; unjustified disadvantage; constructive dismissal; wage and holiday pay remedies Unjustified disadvantage: established Unjustified dismissal: established Compensation: $12,000 for ...
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: ... octopus handling; live crayfish receival; CCTV footage; final written warning; summary dismissal; public holiday arrears Dismissal outcome: unjustified dismissal established Compensation: $20,000 for humiliation, loss of dignity and injury to feelings Lost wages: three ...

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