ClickCease

Results for unjustified dismissal

Showing 25-32 of 325 results
JAGJIT SINGH v L&B FOODS LIMITED and ANOR [2026] NZERA 13 - Unjustified dismissal upheld; $8,933 remedies (reduced) plus wage arrears.

Kitchen hand Jagjit Singh was dismissed immediately after the employer believed he had attended work intoxicated and later returned to the restaurant. There was no paper trail of prior warnings or a proper investigation before the phone-call and email dismissal.

Matched passage: The personal grievance for unjustified dismissal was upheld.
Brad Capper v CJS Construction [2023] NZERA 314 - unjustified dismissal; 50% contribution; no lost wages

Brad Capper's short employment with CJS Construction ended in a dismissal that the employer did not attempt to justify under a 90-day trial clause. The case turned on dismissal fairness, his own contribution and whether he had proved efforts to mitigate lost wages.

Matched passage: pdf"; } Brad Capper v CJS Construction [2023] NZERA 314 The ERA found a dismissal had occurred and was unjustified.
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.

Matched passage: ... Determination date: 22 May 2026 Employment: professional Class 5 Driver Key issues: unjustified dismissal; unjustified suspension; drug and alcohol testing; reasonable cause testing; refusal to test; serious misconduct; verification of complaint; procedural fairness; ...
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 ...
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: ... period: 16 January 2023 to 10 May 2024 Visa context: accredited employer work visa Unjustified disadvantage: established for underpayment, unauthorised deductions, racialised comments, and the verbal warning Dismissal: unjustified Contribution: no reduction ...
Aaron Potter v Talley's Limited [2026] NZERA 412 - flawed HSR election disciplinary process and unjustified dismissal

Aaron Potter was disciplined and dismissed by Talley's after disputes surrounding a health and safety representative election and communications involving other employees. The case focused on whether Talley's properly investigated the competing accounts and relevant messages before deciding serious misconduct was established.

Matched passage: ... voting; alleged bullying and intimidation; procedural fairness; serious misconduct; summary dismissal; good faith; remedy amendments; contribution Outcome: unjustified dismissal and breach of good faith established Remedies: $20,000 compensation and $7,226.25 gross lost ...
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: ... service: approximately 14 years Key issues: delayed disciplinary process; two suspensions; unjustified dismissal; reinstatement; lost wages; compensation; sick leave reimbursement; good faith; breach of collective agreement; penalty against the Trust Outcome: personal ...
Lyon Kawhaaru v The Deck Tahuna Limited [2026] NZERA 288 - cafe worker told by email he was 'instant dismissed' after customer incident; unjustified dismissal upheld; remedies reduced 25% for contribution

Lyon Kawhaaru was 'instant dismissed' by email from The Deck Tahuna after a customer incident at the Nelson café. The ERA examined what actually occurred, whether the employer fairly investigated it and how Mr Kawhaaru's own conduct should affect remedies.

Matched passage: But their wording ("instant dismissal effective from 4th of June" and "you will not be able to attend the premises") was treated as an unequivocal sending away.

Browse topics