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Showing 41-48 of 108 results
Yucen Xi v Silvertime Trading Limited [2026] NZERA 580 - resign or be fired ultimatum was unjustified dismissal

Silvertime's store manager summoned Yucen Xi to an evening meeting without explaining its purpose, told her to resign or be fired, demanded her key and called security before any allegations had been fairly raised with her.

Matched passage: The absence of advance notice and a fair disciplinary process also affected Ms Xi's employment to her disadvantage because she could not prepare or answer the concerns.
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: The collective agreement still had to be followed The collective agreement provided that termination would be on one month's notice unless otherwise agreed, except where serious misconduct warranted instant dismissal.
FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension

Auckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.

Matched passage: The later dismissal was justified The Authority examined the wider disciplinary process separately.
Sheridan v Pact Group [2026] NZEmpC 51 - medical incapacity dismissal overturned

Roseanne Sheridan developed PTSD after a serious threat from a resident at work and was dismissed for medical incapacity about six months later. Specialist ACC information and rehabilitation planning were still developing, and a return-to-work process had not been completed.

Matched passage: The employer initially raised disciplinary concerns about her handling of the incident, but the employment process later shifted to possible termination for medical incapacity.
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 treated the case as a serious-misconduct challenge and disagreed with important parts of the Authority's reasoning, including the significance attributed to FENZ having kept Mr Kinzett at work while the investigation and disciplinary process continued.
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: Giving the code was unusual and improper, but on its own did not amount to serious misconduct in all the circumstances.
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: A fair and reasonable employer could not treat that full exchange as serious misconduct justifying summary dismissal.
Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real

After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.

Matched passage: A genuine redundancy still requires a fair process: the Authority accepted this was not personal targeting, a sham redundancy, or disciplinary action disguised as redundancy.

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