... It found, however, that Mr Mitchell had a strongly arguable unjustified-dismissal case, including an arguable predetermination concern arising from a review process, how that review later fed into the disciplinary ...
Search employment law articles and guides
Use the search box below (or in the menu bar above) to find topics and articles.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for constructive dismissal
The ERA found a clear dismissal without consultation, found that Mr Shea had also been bullied in an unsafe workplace, and ordered $45,600 in notice pay, lost wages, compensation and costs.
Neil Hall v Consultex Company Limited [2026] NZERA 410 - genuine redundancy but unjustified process
CaseThe ERA found unjustified dismissal and ordered $8,000 compensation, with no reduction for contribution.
The Authority found unjustified dismissal and unjustified disadvantage, ordering $11,500 compensation and four weeks' salary.
The ERA found this amounted to unjustified dismissal and ordered $10,000 compensation and $12,870 gross lost wages.
The ERA found this was a dismissal, not a resignation, and that the dismissal was unjustified.
The ERA also found his redundancy dismissal was unjustified because ADL did not consult, did not provide a proposal, and did not explain the business reasons before ending his employment.
The ERA found the dismissal unjustified and ordered $32,432.
