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No Win No Fee Employment Lawyer NZ | Personal Grievance & Dismissal Help

Employee-side no-win-no-fee employment advocacy for suitable personal-grievance, dismissal and redundancy cases, including mediation and ERA representation where the case meets the acceptance criteria.

Matched passage: Examples can include an unjustified disciplinary warning, suspension, disadvantageous change, unfair process or other action that adversely affects the employee's employment.
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: Disciplinary process and suspension The College wrote to Mr Whelan setting out its concerns and advising that suspension on pay would be discussed.
Fire and Emergency New Zealand v Kinzett [2026] NZEmpC 119 - ERA dismissal finding overturned

Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.

Matched passage: The Employment Court's approach The Employment Court disagreed with treating non-suspension as strong evidence that trust and confidence had not been lost.
Rakai Tawhiwhirangi v Chief Executive of the Department of Corrections [2026] NZERA 402 - unjustified dismissal after self-defence acquittal

Corrections dismissed prison officer Rakai Tawhiwhirangi for alleged unjustified use of force after an incident that also resulted in a criminal prosecution in which he was acquitted on self-defence grounds. The ERA examined the employer's independent investigation, the evidence available and the fairness of the serious-misconduct conclusion.

Matched passage: He was suspended while those matters were investigated.
Deborah Eyles v Bottlers Limited [2026] NZERA 300 - no redundancy process, unexplained stand down and dismissal; $20,000 compensation ordered

Deborah Eyles was stood down from her supervised-contact work and later dismissed in circumstances the employer characterised as redundancy. She challenged both the unexplained removal from work and the absence of any genuine consultation or fair redundancy process.

Matched passage: Calling it something other than suspension or stand down will not necessarily solve the problem.
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: Suspension still requires process: even where Police are involved, a fair employer should generally propose suspension on pay (where appropriate), explain the process, and allow time for advice.
Daniel Bly v FutureCo Limited [2026] NZERA 269 - dismissal for Instagram posts and Slack messages held unjustified; $15,000 compensation; 6 months' pay less 50% contribution

Daniel Bly was dismissed by FutureCo after Instagram posts and internal Slack messages became the subject of disciplinary allegations. The case tested both the seriousness of the conduct and whether the employer's investigation and dismissal response were proportionate.

Matched passage: Garden leave, suspension, and the disciplinary meeting On 27 November 2024, FutureCo placed Mr Bly on paid garden leave and issued a letter proposing paid suspension while it investigated misconduct allegations.
Ziyu Xiao and Youtian Yang, and Limei Liu v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 222 - delivery drivers cut off via app/WhatsApp after complaints; unjustified dismissals and disadvantage; $54,500 ordered

Delivery drivers Ziyu Xiao, Youtian Yang and Limei Liu lost access to Fast Horse's app or WhatsApp work channels after raising concerns about their work and pay. The ERA examined whether those digital cut-offs amounted to dismissals and whether the employer had also caused unjustified disadvantage beforehand.

Matched passage: ... attributed this to retaliation connected with Ms Xiao's complaint. Ms Liu - threatened with suspension, then removed from WhatsApp and given no further work Ms Liu worked as a delivery driver (12 December 2023 to 22 February 2024) and then as a warehouse worker (22 February to ...

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