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Results for unfair dismissal

Showing 273-280 of 321 results
Askkan Vakilipour Takaloo v Kaur Queens Trading Limited [2026] NZERA 507 - taxi driver was an employee and constructively dismissed

Kaur Queens Trading labelled taxi driver Ashkan Vakilipour Takaloo an independent contractor, but controlled and integrated his work into its taxi business. The relationship broke down amid withheld wages, aggressive verbal abuse and cancellation of his ability to work out his notice.

Matched passage: The Employment Relations Authority found that he was an employee and that withholding his final wages, aggressive verbal abuse and preventing him from working out his notice amounted to unjustified constructive dismissal.
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: A fair and reasonable employer could not treat that full exchange as serious misconduct justifying summary dismissal.
OAS v JIK Limited [2026] NZERA 474 - employee dismissed after seeking family violence leave

Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.

Matched passage: ... meeting: 8 May 2026 Determination date: 16 July 2026 Role: chef Employment start: July 2023 Dismissal: established Unjustified dismissal: established Good faith breach: established, but no penalty imposed Family violence leave: OAS was entitled to it in the week of 12 February ...
Jack Wills v Complex Forme Limited [2026] NZERA 76 - health centre worker dismissed by silence after no contract and no pay; $25,526.80 ordered plus penalties

Jack Wills worked at Complex Forme without a written agreement and was not paid for 32 hours of work. After he sought clarity about pay and rostering, the employer stopped responding, removed his access and ceased providing work.

Matched passage: Unjustified dismissal by silence This was not a classic termination letter case.
Medical Incapacity Dismissal
7 articles

An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point. Medical information, prognosis, reasonable time, alternatives and a fair process all matter.

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The Estate of Samuel Keast v Playground Centre Limited [2026] NZERA 136 - preliminary decision: estate could not raise a new personal grievance after death; Australian entity was employer at the time; ERA lacked jurisdiction

After Samuel Keast died while working in Melbourne, his estate sought to pursue employment claims, including constructive dismissal, against a New Zealand company. The preliminary issue was whether a personal grievance existed before his death, who employed him in Australia, and whether the ERA had jurisdiction over the named respondent.

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.
Tammy Maxine Stevenson v Mountain Chalets (2005) Limited [2025] NZERA 248 - not dismissed, but unjustified disadvantage; casual label rejected, $8,000 compensation and holiday pay recalculation

Tammy Stevenson had worked regular cleaning hours for Mountain Chalets for years despite the employer describing her as casual. A dispute over guaranteed hours and a phone conversation then led her to claim dismissal and challenge the employer's treatment of her employment status and holiday entitlements.

Matched passage: The employee believed she had been fired during that phone call on 10 September 2023.

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