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Results for unfair dismissal

Showing 41-48 of 266 results
STEWART v PULSE 2012 LIMITED t/a BROWNE ST [2025] NZERA 241 - dismissal unjustified; compensation reduced 17.5% for contribution

Pulse 2012 dismissed Mr Stewart after alleging he had prepared food for himself at the workplace while recorded as working, in a dispute that also involved allegations of theft. The ERA examined whether the evidence and disciplinary response could justify dismissal.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
SWENSON v AKITIO TRUCKING LIMITED [2025] NZERA 214 - unjustified dismissal with contribution reduction

Akitio Trucking dismissed Mr Swenson after concluding he punched another driver. He argued the employer had failed to deal with earlier theft allegations and that its investigation and dismissal process were unjustified.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
MURRAY v OWAKA MOTORS (2008) LIMITED [2025] NZERA 207 - driver-licence dismissal unjustified after inadequate investigation

Owaka Motors dismissed Mr Murray after he lost the driver licence required for his work. He also alleged mental-health discrimination and failure to provide an employment agreement, while the ERA examined whether the employer adequately investigated alternatives and heard from him before dismissal.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
CALLEN v ALARON PRODUCTS LIMITED [2025] NZERA 165 - dismissal grievance allowed; compensation and lost wages awarded

Mr Callen's unjustified-dismissal grievance against Alaron Products was not formally filed in the Authority until after the ordinary 90-day raising period had become an issue. The case addressed whether the grievance could nevertheless proceed and what remedies followed from the dismissal claim.

Matched passage: ... Determination date: 19 March 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, Mr ...
ZHENG v EASTPAC CORP LIMITED and Anor [2025] NZERA 149 - dismissal grievance raised in time; compensation and wage arrears

Ms Zheng worked for Eastpac and later disputed both the way her employment ended and substantial unpaid wages. A preliminary issue was whether her WeChat communications had raised an unjustified-dismissal grievance clearly enough and within the 90-day period.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
THING v SOUTH POLE IP HOLDING (NZ) LIMITED [2025] NZERA 142 - dismissal theory fails in part but disadvantage grievance succeeds

Ms Thing's dispute with South Pole IP Holding concerned whether the end of her employment was a dismissal or resignation and whether the employer's earlier conduct had unjustifiably disadvantaged her. The case required the ERA to distinguish direct or constructive dismissal from separate disadvantage grievances.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
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: ... legal advice. At a glance Citation: [2025] NZERA 132 Registry: Auckland Parties: KINZETT v FIRE AND EMERGENCY NEW ZEALAND Authority member: Jeremy Lynch Hearing date: 3 and 4 December 2024 (2 days) Determination date: 4 March 2025 Outcome: The Authority ordered remedies and ...
DUN TRAN v HUYNH [2025] NZERA 73 - dismissal and employment-entitlement claims partly successful

Dun Tran's employment dispute with Huynh involved the ending of the employment relationship together with claims about pay and workplace treatment. The ERA had to separate the dismissal issue from the employment-standard claims and determine which alleged breaches were actually established.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

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