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Results for unfair dismissal
![DA SILVA v DSJ JOINERY LIMITED [2025] NZERA 444 - no express dismissal at meeting, but later conduct ended employment](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Mr Da Silva left a meeting with DSJ Joinery believing he had been dismissed, although the employer said the meeting was about health and safety rather than discipline. The ERA examined whether there was an actual dismissal and, if not, whether the employer's conduct nevertheless ended the relationship.
Mr Chase-Pona resigned after workplace disputes including a theft allegation, but Coin Total terminated his employment before his notice period expired. The ERA had to determine whether the employment ended by resignation, dismissal or constructive dismissal.
Boya Trading summarily dismissed Mr Zheng by text on 26 May 2023, alleging that he had refused to work and abandoned his employment. Mr Zheng said there had been no warning or consultation and raised dismissal and disadvantage grievances the following month.
UBP dismissed Mr Rapana after a prolonged period of absence and communication difficulties. The case examined the medical information available to the employer, inconsistencies in the reasons later given for dismissal and whether the investigation fairly addressed the real circumstances.
Veolia dismissed Mr Trail after a series of workplace outbursts, having previously issued a warning and then relied on later complaints. The ERA examined whether the proven conduct and disciplinary history could reasonably justify dismissal.
Mr Riseley resigned from Huntly Joinery after a series of employer actions that he said destroyed the employment relationship. The ERA had to decide whether those breaches were sufficiently serious and causative to turn the resignation into a constructive dismissal.
Mr Ryder's employment with Leopard Lime ended after an exchange in early November 2022 in which the employer maintained that he had not been dismissed. The case turned on what the communications objectively meant and whether any fair dismissal process had occurred.
Mr Kalkat was placed in work through Easy Recruitment and later told the placement employer considered his performance inadequate. He alleged that his employment had been ended without a fair process and sought compensation and lost wages for unjustified dismissal.
