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An ERA finding of unjustified dismissal where the employer tried to rely on a trial period clause that did not meet s 67A requirements and then failed to engage with the Authority's investigation.

In Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 (Auckland), the ERA found Mr Isaako was an employee (not a contractor) and was unjustifiably dismissed by a text message.

ERA held the employee was not dismissed after a confrontation on a removal job, so the unjustified dismissal claim failed.

The ERA found the employer dismissed an anonymised truck driver by effectively "running dead" after a heated meeting, then leaving him suspended without pay while the director was overseas.

Mr Wang says that he was dismissed and has made grievance claims for unjustified dismissal and disadvantages during his employment including bullying and harassment, unilateral shift changes and.

The letter referred to matters set out by WRW in her resignation letter and several additional matters.

He says he was constructively dismissed for all these reasons and seeks compensation of $7,200 or actual lost remuneration to April 2024 when he found new employment.

Mr Chase-Pona also claims he was unjustifiably dismissed on 9 October 2023 when the Operations Manager terminated his employment without notice.