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Results for unjustified disadvantage

Showing 25-32 of 171 results
O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 57 - NDA disadvantage and redundancy dismissal unjustified

The Platform Media made Ms O'Brien redundant after a period of absence and a dispute that also involved a proposed NDA. The ERA examined whether redundancy was the true predominant reason, whether alternatives and redeployment were genuinely considered, and whether the NDA process caused disadvantage.

Matched passage: Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
FVG v YJN [2026] NZERA 242 - suspension and dismissal unjustified; remedies reduced 30% for contribution

FVG, a structural engineer, challenged her suspension, the handling of bullying and performance concerns, and her eventual dismissal by YJN. The case required the ERA to separate several disadvantage allegations from the fairness of the final dismissal process.

Matched passage: The Authority not satisfied that there was an unjustified action to FVG's disadvantage regarding the classification system.
Andrea Lawson v Luxottica Retail New Zealand Limited [2026] NZERA 52 - investigation process disadvantages upheld; $15,000 compensation and $3,000 good faith penalty

Store manager Andrea Lawson challenged Luxottica's investigation and employment treatment after concerns were raised about store performance and policy compliance. Her case included disadvantage claims, dismissal allegations and an argument that the employer had failed to accommodate a medical condition.

Matched passage: What the Authority had to decide Constructive dismissal / unjustified dismissal (was Lawson forced to resign, and was that unjustified under the s 103A test?
Kevin Whelan v The Board of Trustees of Lindisfarne College [2026] NZERA 558 - justified dismissal but notice breach caused disadvantage

Lindisfarne College dismissed long-serving IT manager Kevin Whelan after a serious comment to students while showing CCTV footage of an accident. Although the misconduct could justify dismissal, the College paid four weeks in lieu rather than complying with the collective agreement's one-month notice mechanism or properly invoking instant dismissal.

Matched passage: 92 gross short-paid notice and $12,000 compensation for unjustified disadvantage.
Nicholas Fry v Fire and Emergency New Zealand [2026] NZERA 116 - FENZ identity-promise breach caused disadvantage; $13,000 compensation

Nicholas Fry's dispute with Fire and Emergency New Zealand arose from FireSuper membership and a promise about protecting the identity of another person, TEP, whose eligibility he had raised. Mr Fry alleged FENZ broke that promise and that the resulting use of TEP's identity damaged his employment relationship.

Matched passage: Unjustified disadvantage requires unjustified employer conduct and a real disadvantage (loss or detriment).
Siddanth Prasad & Ors v Fiji Food Distributors NZ Limited [2025] NZERA 659 - wage arrears, unjustified dismissal and $32,000 compensation each

Four Krazy Price Mart employees said they routinely worked about 60 hours over six days while being paid for substantially fewer hours and were later dismissed when the business was sold without adequate consultation. The case combined personal grievances with extensive minimum-entitlement claims.

Matched passage: ... meeting: 5-9 May 2025 Determination: 20 October 2025 Successful claims: wage arrears, unjustified disadvantage and unjustified dismissal Compensation: $32,000 to each of four applicants Contribution: no reduction Costs: reserved The workers' hours and the employer's ...
XU v ABHYUDAYA LIMITED and Anor [2025] NZERA 502 - genuine redundancy but process unjustified

Architectural technician Ms Xu was told her role was redundant during a downturn in work. The employer had genuine commercial reasons to reduce staffing, but the decision was communicated without meaningful consultation beforehand.

Matched passage: The Authority found the redundancy decision had a genuine business basis, but the dismissal was procedurally unjustified due to inadequate consultation.
YAQUB v NEILSONS LAWYERS LIMITED [2025] NZERA 139 - suspension disadvantage and constructive dismissal upheld

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.

Matched passage: Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.

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