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Results for unjustified dismissal

Showing 257-264 of 274 results
DRUMMOND v THE VICE-CHANCELLOR OF MASSEY UNIVERSITY [2025] NZERA 82 - 90-day limit: warning grievance in time, earlier claims out

Jackson Drummond sought to pursue a series of disadvantage, discrimination and good-faith complaints against Massey University, some dating back many months before his December 2023 grievance letter. The preliminary issue was which claims had actually been raised within the statutory 90-day period.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Jacob Maarschalk v West Auckland Trust Services Limited [2024] NZERA 333 - Unjustified disadvantage found over rostering changes and flawed final written warning; $8,500 ordered

Jacob Maarschalk was contracted for 25 hours a week but was regularly rostered for substantially more at West Auckland Trust Services. The dispute concerned later roster changes and a final written warning, including whether he was given a fair opportunity to comment before those decisions affected his employment.

Matched passage: ... employee had full-time hours; whether rostering changes and a final written warning were unjustified actions; remedies and contribution. Outcome: Unjustified disadvantage established (rostering process and warning process). Compensation of $8,500 ordered. Costs reserved. ...
Ross McCullum v RidgeAir Limited [2026] NZERA 658 - long-serving Chief Pilot was unjustifiably dismissed

After 15 years as RidgeAir's Chief Pilot, Ross McCullum had his work phone disconnected and laptop removed before a meeting at which he was told the business was closing. The ERA found the employer had dismissed him, rejected the later characterisation of his departure as voluntary, and awarded lost wages, compensation and substantial holiday-pay arrears.

Matched passage: At a glance Citation: [2026] NZERA 658 Authority member: Alyn Higgins Determination date: 15 September 2026 Role: Chief Pilot Length of service: approximately 15 years Outcome: unjustified dismissal established Lost remuneration: $21,317.
Wenpeng Yu v Golden Rooster NZ Trading Ltd [2026] NZERA 699 - one week employee was dismissed, not an abandonment

Golden Rooster said chef Wenpeng Yu abandoned his job after only one week, but WeChat messages supported his evidence that the employer had dismissed him because it was unhappy with his productivity. The ERA found no fair process had been followed and awarded $7,500 compensation, $3,559.20 lost wages and annual holiday pay.

Matched passage: The Authority looks at the parties' conduct and contemporaneous communications, and performance concerns still have to be fairly raised and answered before dismissal.
Raheel Reddy v Studio Image Limited [2026] NZERA 323 - barber dismissed by text message after lateness and attendance issues

Barber Raheel Reddy was dismissed by text after ongoing lateness and attendance concerns. Studio Image argued he had resigned or that termination was justified, but there had been no proper disciplinary process giving him a fair opportunity to answer the concerns.

Matched passage: ... 26 May 2026 Role: barber Employment period: May 2023 to 17 September 2024 Key issues: dismissal by text message; resignation argument; lateness and attendance concerns; procedural fairness; good faith penalty; contribution Dismissal finding: unjustified dismissal Good ...
Natalie Butler-Smith v David and Dale Cavey t/a DG and DV Cavey Partnership [2026] NZERA 324 - farm assistant dismissed before returning from parental leave

Part-time farm assistant Natalie Butler-Smith was dismissed in February 2024 around the end of parental leave, with the employers raising health-and-safety concerns and disputing aspects of work performed during leave. The respondents did not appear at the investigation meeting.

Matched passage: ... Role: part-time permanent farm assistant Employment period: from around August 2022 until dismissal in February 2024 Key issues: dismissal after parental leave; alleged health and safety concerns; unpaid work during parental leave; lost wages; notice pay; compensation ...
Anna Murgatroyd v Xero (NZ) Limited [2026] NZERA 305 - redundancy procedurally unfair but no sham; compensation and lost wages ordered

Anna Murgatroyd was selected for redundancy from Xero's education team after a restructure. She alleged the process was predetermined, relying on an earlier Miro board, and also challenged the use of performance-related comments by a selection panel that included her manager.

Matched passage: ... Specialist, employed from 15 November 2021 until redundancy on 6 December 2024 Key issues: unjustified dismissal; unjustified disadvantage; redundancy; alleged predetermination; Miro board; secondment; complaint about manager; selection panel fairness; redeployment; ...
HARRY SAMPSON v LYTTELTON PORT COMPANY LIMITED [2026] NZERA 17 - Preliminary time limit ruling; grievance in time; mediation directed.

Harry Sampson's proceeding against Lyttelton Port Company raised a preliminary 90-day time-limit issue before the merits of his personal grievance could be investigated. The employer argued the grievance was out of time; Mr Sampson relied on the communications by which he said it had been raised.

Matched passage: The Authority held termination took effect on 18 February 2022 and that the 20 April 2022 correspondence raised an unjustified dismissal personal grievance within the 90-day notification period.

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