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![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](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
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.
Modern Transport Engineers had evidence capable of supporting serious-misconduct concerns against Kyle Spencer, while also counterclaiming for unauthorised private work and purchases. However, it stood him down early, relied on undisclosed staff discussions and ran a process carrying signs of predetermination.
Harry Sampson's proceeding against Lyttelton Port Company raised a preliminary 90-day time-limit issue before the merits of his personal grievance could be investigated. The employer argued the grievance was out of time; Mr Sampson relied on the communications by which he said it had been raised.
Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.
Allied Auto Parts dismissed Mr Mon by text message and required him to work out two weeks' notice. The employer later relied on concerns about working from home and other matters, but no proper disciplinary or dismissal process had been carried out.
Mr Prasad's employment with Warrior NZ deteriorated after employer breaches and a breakdown in the working relationship. The employer did not attend the ERA investigation meeting despite being served with the proceeding.
Rotorua Quarry treated Cameron Rix's absence as abandonment and ended his employment. The ERA had to decide whether his conduct showed an intention to permanently walk away from the job and whether the employer was entitled to terminate on that basis.
A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.
