ClickCease

Results for unjustified dismissal

Showing 33-40 of 325 results
Melissa Williams v S & M Haulage Limited (t/a Johnson Log Haulage) [2026] NZERA 74 - truck driver dismissed after one day; no valid 90-day trial clause; unjustified dismissal on process; remedies reduced for contribution

Melissa Williams was dismissed after a single day driving for S & M Haulage, which believed a 90-day trial applied and had genuine safety and resourcing concerns about her readiness for the role. The ERA examined whether there was a valid trial clause and whether she was given any chance to respond before termination.

Matched passage: That matters because probation does not remove the right to bring an unjustified dismissal grievance (the normal s 103A test still applies).
Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51)

Cook Mark Beveridge was told to 'bugger off' and leave the Ashurst Deer N Duck Inn during a confrontation connected with police concerns about marijuana plants on the owner's property. The employer disputed whether those words had actually ended the employment.

Matched passage: ... and Percy Vernon Burlace (director/shareholder) Type of claim: Personal Grievance (unjustified dismissal) plus alleged unjustified disadvantage and minimum entitlements Outcome: Unjustified dismissal established; unjustified disadvantage not made out; wage arrears for ...
Sinclair-Walker v Alert Monitoring Otago (1994) Limited [2026] NZERA 29 - unjustified dismissal; $25,000 compensation and $16,900 lost remuneration

Alert Monitoring dismissed Carl Sinclair-Walker for alleged serious misconduct after raising three concerns about his work performance. The ERA examined whether those concerns and the process used could justify immediate termination.

Matched passage: At a glance Citation: [2026] NZERA 29 Registry: Christchurch Parties: SINCLAIR-WALKER v ALERT MONITORING OTAGO (1994) LIMITED Outcome: Unjustified dismissal upheld.
George King v Off the Wall Construction Ltd [2026] NZERA 14 - 90-day trial invalid, unjustified dismissal

George King was dismissed by Off the Wall Construction under a purported 90-day trial. The decisive issue was timing: he had already performed paid work before signing the agreement containing the trial provision.

Matched passage: Mr King raised a personal grievance for unjustified dismissal and sought lost wages, compensation for hurt and humiliation, and the cost of tools.
Hurikawa v Walton Mountain Ltd [2026] NZERA 8 - Unjustified dismissal and remedies

Hurikawa was abruptly told he was 'finished' by Walton Mountain without a stated reason, warning or opportunity to respond. The ERA therefore had to assess a direct verbal termination against the minimum substantive and procedural requirements in s 103A.

Matched passage: If you are dealing with an unjustified dismissal claim or need representation at mediation / the ERA, we can assist with strategy, drafting, and settlement.
KMW v ZIB Digital Limited [2025] NZERA 806 - redundancy consultation called a 'charade'; unjustified dismissal; $47,692.30 awarded

KMW was selected for redundancy by ZIB Digital after a process the employee said had been predetermined and gave consultation no real prospect of changing the outcome. The ERA examined the business rationale, the information provided and whether the consultation was genuine.

Matched passage: 00 under s 123(1)(c) (global compensation for the human impact of the unjustified dismissal and disadvantage).
Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.

Matched passage: Key findings Unjustified dismissal: the employer offered no justification and wrongly attempted to invoke probation after it had expired.
David Turner v Big B Cartage Limited [2026] NZERA 581 - seven-minute disciplinary meeting led to unjustified dismissal

Big B Cartage dismissed truck driver David Turner for serious misconduct after a seven-minute meeting without identifying the allegations or disclosing the text message relied on. The ERA found the dismissal unjustified and awarded $9,750 compensation after a 25 percent contribution reduction.

Matched passage: ... Turner Respondent: Big B Cartage Limited, trading as Transflora Role: class 5 truck driver Dismissal: 11 March 2025 Determination: 24 August 2026 Outcome: unjustified dismissal Compensation before contribution: $13,000 Contribution: 25% Compensation ordered: $9,750 Costs: ...

Browse topics