Husband-and-wife chefs working at Buoy Café were dismissed after an escalating conflict with new management. The employer did not properly investigate the allegations or give either employee a genuine opportunity to respond before deciding to terminate them.
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Results for unjustified dismissal
Ms Cheng's case against Lincoln University involved several employment grievances and required the ERA to distinguish the claims that were made out from those that were not. The resulting orders included both compensation and a wage-related remedy rather than an across-the-board finding for either party.
Farm assistant Blue Hunt's employment ended after a cowshed dispute with Lance Wakelin. The case required the ERA to determine who the employer was, whether Mr Hunt had been dismissed and whether any fair process or substantive reason justified the termination.
Hailee-Anne Hirst said a bakery effectively dismissed her after calling her in on a day off and confronting her about allegedly missing market takings. The employer denied dismissing her but did not participate in the investigation meeting.
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.
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.
A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.
When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.
