If an employer fails to keep someone safe, that can be an unjustified disadvantage (and sometimes constructive dismissal).
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![Menzies v Corrigan [2025] NZEmpC 186 - employment advocate and employment lawyer conduct](/Blog/articles/Costs/menzies_corrigan_advocate_lawyer_conduct/menzies_corrigan_01.jpg)
The proposed sanctions were: dismissal of Mr Menzies' Court proceeding , imprisonment for up to three months , a fine of up to $40,000 payable to Mr Corrigan , and sequestration of Mr Menzies' property .
unjustifiable dismissal).
Further difficulties arose in getting a signatory to the dismissal decision to give evidence.
![WXN v Auckland International Airport Ltd [2021] NZEmpC 205 - interim reinstatement granted on challenge](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
It did not finally determine whether the dismissal was unjustified.
The employer argued that the employment had ended by abandonment rather than dismissal, but the Court was not satisfied that the facts supported that conclusion.
If the real reason is not the business case, the redundancy may be attacked as a sham or as a predetermined dismissal.
Urgent employment law advice for employers NZ - when mediation follows a recent dismissal, suspension, or complaint.
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