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Results for unjustified dismissal

Showing 233-240 of 325 results
Briar Kennedy v Adulto HR Limited [2026] NZERA 537 - missing trial clause and predetermined performance dismissal

Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.

Matched passage: ... date: 7 August 2026 Role: bartender, intended to progress to duty manager Outcome: unjustified dismissal established Lost remuneration: $14,900 gross Compensation: $16,000 Contribution: no reduction Total ordered: $30,900 Costs: reserved Employment and intended ...
Rachel Hankins v Huhtamaki Henderson Limited [2026] NZERA 379 - valid fixed term but unjustified early termination

Rachel Hankins was employed by Huhtamaki Henderson on a fixed-term arrangement. Although the ERA accepted there was a valid basis for the fixed term itself, her employment was ended before the agreed expiry and the employer had to justify that early termination separately.

Matched passage: ... laptop; bullying; discrimination; protected disclosure; compensation; notice pay Outcome: unjustified dismissal and unjustified disadvantage established Compensation: $3,500 for unjustified disadvantage and $8,000 for unjustified dismissal Lost remuneration: four weeks' ...
Junchen Xu v Aurora Developments Limited [2026] NZERA 320 - quantity surveyor wins unpaid wages, holiday pay and unjustified redundancy claim

Aurora Developments disputed when quantity surveyor Junchen Xu became an employee, saying his first month was only unpaid learning and observation, and later made him redundant without a proposal or consultation. He also claimed wages, incentives and holiday entitlements.

Matched passage: Compensation and lost wages for unjustified dismissal Mr Xu gave evidence about the impact of the dismissal.
Ben Devine v Health New Zealand - Te Whatu Ora [2025] NZERA 206 - nurse's 'casual' status rejected; unpaid stand-down unjustified disadvantage; reinstatement ordered; $15,000 compensation plus lost wages

Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.

Matched passage: The combination of unilateral action, lack of process, and the duration of being left without pay and without an investigation was held to be an unjustified disadvantage.
Tracy Alpar v Bookieland Limited [2026] NZERA 191 - unsigned seasonal fixed term not enforceable; dismissal by WhatsApp; $12,000 compensation and $14,000 reimbursement

Tracy Alpar worked for Bookieland under an unsigned seasonal fixed-term arrangement and was later told through WhatsApp that her employment had ended. The ERA had to decide whether the purported fixed term complied with the statutory requirements and whether the termination was justified.

Matched passage: The Authority found the employee was permanent, was dismissed (not mutually agreed to end employment), and the dismissal was unjustified.
KUMAR v JK HOSPITALITY NZ LIMITED [2025] NZERA 442 - break and support failures caused constructive dismissal

Mr Kumar resigned from JK Hospitality after alleging he was repeatedly denied proper breaks and practical support at work. The ERA considered whether those breaches were sufficiently serious that resignation was a reasonably foreseeable response.

Matched passage: At a glance Citation: [2025] NZERA 442 Registry: Wellington Parties: KUMAR v JK HOSPITALITY NZ LIMITED Authority member: Claire English Hearing date: 2 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).
WILLIAMS v LONGEVITY CONSTRUCTION LIMITED and Anor [2025] NZERA 215 - redundancy substantively and procedurally unjustified

Mr Williams was told by email on 17 March 2024 that he had been made redundant immediately. He had not previously been told his job was in jeopardy, no supporting information accompanied the decision, and there had been no genuine consultation before the outcome was reached.

Matched passage: ... Determination date: 16 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, Mr ...
MCCANN v WINTON CAPITAL LIMITED [2025] NZERA 171 - constructive dismissal; substantial lost remuneration and compensation

Ms McCann resigned while on sick leave after conflict with Winton Capital, pressure around the employment relationship and removal of access to a senior executive's email and calendar. She alleged the cumulative conduct made continued employment untenable.

Matched passage: ... Determination date: 21 March 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, She ...

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