Mr Da Silva left a meeting with DSJ Joinery believing he had been dismissed, although the employer said the meeting was about health and safety rather than discipline. The ERA examined whether there was an actual dismissal and, if not, whether the employer's conduct nevertheless ended the relationship.
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Results for forced resignation
Ms McCann resigned while on sick leave after conflict with Winton Capital, pressure around the employment relationship and removal of access to a senior executive's email and calendar. She alleged the cumulative conduct made continued employment untenable.
Neilsons Lawyers suspended Mr Yaqub during an investigation into alleged conduct. He later resigned, alleging that the continuing suspension and the way the investigation was handled had made continued employment untenable.
Mr Hill challenged the ending of his employment with Tamaki Labour Hire and associated treatment during the employment relationship. The case required the ERA to separate the parts of his grievance that were established from claims for which the evidence did not justify relief.
DUNG PHAM v HUYNH [2025] NZERA 75 - dismissal proved; lost remuneration and compensation awarded
CaseMs Dung Pham disputed the way her employment at a nail salon ended and sought remedies for dismissal. The Authority had to resolve conflicting accounts of whether and when the employer brought the employment relationship to an end.
Mr Wei's claims followed a workplace altercation and the employer's response to it, including the eventual end of his employment and disputed wage-related entitlements. CCTV footage and conflicting accounts of the incident were central to the ERA investigation.
Casual Employment
TopicCasual employees have the same rights as permanent employees. The Employment Relations Act 2000 does not distinguish a casual employee from a permanent employee which can cause confusion.
Construction workers Nan Jia and Huachao Hou alleged FX NZ made unlawful rent deductions from wages and failed to pay public-holiday, annual-leave and other minimum entitlements. Their case combined employment-standard claims with personal-grievance issues about the employer's treatment of them.
