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Results for unjustified dismissal

Showing 305-312 of 325 results
DQJ v Commissioner of Inland Revenue [2025] NZEmpC 10 - ERA interim reinstatement refusal reversed

DQJ challenged an ERA decision refusing interim reinstatement after Inland Revenue ended her employment. The Employment Court had to decide whether preserving the employment relationship pending the substantive grievance was justified without deciding the ultimate merits.

Matched passage: ... dispute DQJ had been dismissed by Inland Revenue and sought interim reinstatement while her unjustified-dismissal grievance was investigated. The Authority declined the interim application. A challenge to an interim reinstatement decision is heard afresh. The Court therefore ...
Redundancy

Redundancy

Topic
38 articles

Redundancy is defined at common law as a situation where an employee's position becomes surplus to the needs of the employer. A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.

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Probationary Periods
6 articles

A probationary period does not remove an employee's ordinary dismissal rights. The employer should assess suitability fairly, identify performance concerns, provide a genuine opportunity to improve and follow a fair process before dismissal.

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Employment Lawyers and Advocates
13 articles

People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.

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Gumbeze v Chief Executive of Oranga Tamariki [2024] NZEmpC 133 - serious misconduct finding overturned

Oranga Tamariki summarily dismissed social worker Bigson Gumbeze after an external investigation into complaints about his supervision, dealings with managers and aspects of his practice. The ERA upheld the dismissal, but he challenged that result afresh in the Employment Court.

Matched passage: ... Tamariki [2022] NZERA 232 Underlying costs determination: [2022] NZERA 312 ERA outcome: dismissal justified Employment Court outcome: dismissal substantively unjustified Lost remuneration: $79,015 gross - one year's salary Compensation: $35,000 Contribution: no reduction ...
Workplace bullying in New Zealand: what it is and what you can do

What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.

Matched passage: If an employer fails to keep someone safe, that can be an unjustified disadvantage (and sometimes constructive dismissal).
Deborah Coley v Bupa Care Services NZ Limited [2026] NZERA 530 - redundancy threat used to force variation of guaranteed hours

Deborah Coley's agreement guaranteed at least 32 hours each week, but Bupa sought to vary that guarantee by averaging hours across a six-week roster and presented redundancy as the alternative if she refused. A later disciplinary investigation and written warning added a second strand to the disadvantage claim.

Matched passage: This failure caused a separate unjustified disadvantage.
Disciplinary Meetings and Investigations
7 articles

Facing a disciplinary meeting or misconduct allegation? The employer should investigate properly, identify the allegations and evidence, give a genuine opportunity to respond, and keep an open mind before deciding on a warning or dismissal.

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