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Results for unfair dismissal

Showing 41-48 of 321 results
WRW v MCCARTHY ENTREPREISES LIMITED [2025] NZERA 452 - employer conduct caused constructive dismissal; no lost wages

WRW resigned after McCarthy Enterprises proposed changes to her work and the relationship deteriorated. The ERA had to decide whether the employer's conduct was sufficiently serious and causative to convert that resignation into a constructive dismissal and whether any wage loss was proved.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
BRENNAN v STELLA 2020 LIMITED and Ors [2025] NZERA 449 - dismissal without fair process; compensation and lost wages

Ms Brennan's employment with Stella 2020 ended on 30 July 2024 without a fair disciplinary or dismissal process. The employer did not participate effectively in the ERA investigation, which proceeded on the evidence available to the Authority.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
DA SILVA v DSJ JOINERY LIMITED [2025] NZERA 444 - no express dismissal at meeting, but later conduct ended employment

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.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
CHASE-PONA v COIN TOTAL WELLINGTON LIMITED and Anor [2025] NZERA 428 - dismissed during notice period; constructive dismissal in alternative

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.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
ZHENG v BOYA TRADING LIMITED and Anor [2025] NZERA 427 - dismissal by text was not abandonment

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.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
RAPANA v UBP LIMITED [2025] NZERA 367 - medical-incapacity dismissal unjustified; contribution reduced compensation

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.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
TRAIL v VEOLIA WATER SERVICES LIMITED [2025] NZERA 353 - dismissal for workplace outbursts still unjustified

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.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
RISELEY v HUNTLY JOINERY 2000 LIMITED [2025] NZERA 342 - employer breaches caused constructive 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.

Matched passage: At a glance Citation: [2025] NZERA 342 Registry: Wellington Parties: RISELEY v HUNTLY JOINERY 2000 LIMITED Authority member: Sarah Kennedy-Martin Hearing date: 16 and 17 January 2025 (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.

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