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Results for unjustified disadvantage

Showing 33-40 of 171 results
Emma Baldwin v RJ Hospitality Solutions Limited [2026] NZERA 413 - unilateral roster changes after parental leave

Emma Baldwin returned to RJ Hospitality after parental leave to a dispute over rostered hours that had previously operated on a stable and regular basis. She challenged unilateral changes to that pattern and later claimed the breakdown of the relationship also amounted to dismissal.

Matched passage: ... resignation; constructive dismissal; workplace bullying; good faith; wage and leave arrears Unjustified dismissal: not established Unjustified disadvantage: established Compensation: $15,000 Wage arrears: 15.5 hours' ordinary time Annual leave: any arrears to be calculated and ...
Sirikanya Pankhum v Super Vape Store Limited [2026] NZERA 149 - WhatsApp dismissal during probation, no process; $12,500 compensation, $7,873.92 lost wages, $311.28 holiday pay

Sirikanya Pankhum was working under a six-month probation clause when Super Vape Store ended her employment by WhatsApp. A probationary arrangement did not remove the requirement for the employer to identify concerns, hear her response and use a fair dismissal process.

Matched passage: Outcome: unjustified dismissal (and unjustified disadvantage) upheld because no fair process was followed.
Jack Wills v Complex Forme Limited [2026] NZERA 76 - health centre worker dismissed by silence after no contract and no pay; $25,526.80 ordered plus penalties

Jack Wills worked at Complex Forme without a written agreement and was not paid for 32 hours of work. After he sought clarity about pay and rostering, the employer stopped responding, removed his access and ceased providing work.

Matched passage: ... (2) whether the employer's silence and removal from the roster amounted to dismissal; (3) unjustified disadvantage for unpaid wages; (4) remedies and penalties. Outcome: employment relationship existed; dismissal found and held unjustified; unpaid wages established as ...
Faitala and Vea v Pacific Island Business Development Trust [2026] NZEmpC 53 - disadvantage findings and remedies varied

Mr Faitala and Mrs Vea were made redundant by Pacific Island Business Development Trust during a flawed restructure. Their Employment Court challenge focused on pre-dismissal disadvantage during the process and the proper level of lost-remuneration and compensation remedies.

Matched passage: It did not, however, uphold their separate unjustified disadvantage grievances and it made more limited awards for lost remuneration and compensation.
Emily Grinsted v Bunnings Limited [2026] NZERA 236 - STI bonus claim succeeds; four other disadvantage claims fail

Emily Grinsted, Bunnings' New Zealand People and Culture Manager, brought five unjustified-disadvantage claims while remaining employed. The complaints concerned how criticisms were raised, information and duties, contractual obligations and a short-term incentive bonus.

Matched passage: Ms Grinsted's unjustified disadvantage claims Ms Grinsted's unjustified disadvantage claims fall into five categories, each of which are dealt with below.
KINZETT v FIRE AND EMERGENCY NEW ZEALAND [2025] NZERA 132 - dismissal unjustified; investigation disadvantages justified

Fire and Emergency New Zealand investigated complaints involving firefighter Russell Kinzett and two other firefighters before summarily dismissing him. Mr Kinzett challenged both the investigation process and the dismissal, and was later interim-reinstated.

Matched passage: Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Suspension at work and when it becomes a Personal Grievance (NZ)

When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.

Matched passage: 1 The usual position: paid suspension (unless there is a clear right to do otherwise) A paid suspension can still be unjustified.
Jasmine Woollett v Commissioner of Police [2026] NZERA 53 - Fiji deployment recall and unfair process; $21,000 compensation

Senior Sergeant Jasmine Woollett challenged decisions surrounding her Fiji deployment, including her recall and the process Police used after her working relationship with a deployment manager deteriorated. Her claim was for unjustified disadvantage rather than dismissal.

Matched passage: Failing to properly deal with the complaint was an unjustified disadvantage.

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