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Results for unfair dismissal

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Xiaomeng Feng v Yoga Limited [2025] NZERA 709 - admitted unjustified dismissal, $12,400 remedies and no contribution reduction

Yoga Limited ultimately admitted that Xiaomeng Feng's dismissal was unjustified, leaving the ERA to determine lost wages, compensation, contribution and a claimed good-faith penalty. The employer relied on performance and communication concerns to seek a reduction.

Matched passage: The employer later accepted in its amended reply that the dismissal was unjustified.
Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

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.
Emma Baldwin v RJ Hospitality Solutions Limited [2026] NZERA 413 - unilateral roster changes after parental leave

Emma Baldwin returned to RJ Hospitality after parental leave to a dispute over rostered hours that had previously operated on a stable and regular basis. She challenged unilateral changes to that pattern and later claimed the breakdown of the relationship also amounted to dismissal.

Matched passage: ... and rosters; established work pattern; unilateral variation; minimum guaranteed hours; dismissal or resignation; constructive dismissal; workplace bullying; good faith; wage and leave arrears Unjustified dismissal: not established Unjustified disadvantage: established ...
Andrea Lawson v Luxottica Retail New Zealand Limited [2026] NZERA 52 - investigation process disadvantages upheld; $15,000 compensation and $3,000 good faith penalty

Store manager Andrea Lawson challenged Luxottica's investigation and employment treatment after concerns were raised about store performance and policy compliance. Her case included disadvantage claims, dismissal allegations and an argument that the employer had failed to accommodate a medical condition.

Matched passage: Not every grievance about 'stress' becomes a dismissal case.
Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: New $200,000 remuneration threshold for dismissal PGs New provisions create a "high income" threshold that blocks certain dismissal-related personal grievances.
Gregory Brian Clarke v Omni Health Limited [2026] NZERA 265 - redundancy substantively justified, but process unfair; $10,000 compensation for disadvantage

Gregory Clarke was made redundant from Omni Health during financial and organisational change. The ERA accepted the commercial rationale and found no suitable redeployment role, but examined whether a series of consultation and process defects caused a separate unjustified disadvantage even though the redundancy itself was genuine.

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.
Colin Bradshaw v Ocean To Alps Removal & Storage Limited [2025] NZERA 636 - dismissal claim failed, but unjustified disadvantage upheld; $15,000 compensation and wage arrears

Colin Bradshaw claimed he was dismissed after a confrontation during a removal job and a related pay dispute with Ocean To Alps. The ERA had to separate the alleged termination from the employer's subsequent handling of the incident, communications and unpaid hours.

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.
Fatima Fahmy v Minimarc Childcare Centre Inc [2026] NZERA 585 - performance dismissal lacked objective assessment

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Matched passage: ... Centre Incorporated, trading as Marc Early Learning Centre Role: registered ECE teacher Dismissal: 3 July 2025 Determination: 24 August 2026 Outcome: unjustified dismissal Reinstatement: ordered Lost wages: from dismissal to 30 April 2026, less casual earnings Compensation: ...

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