ClickCease

Results for unjustified disadvantage

Showing 41-48 of 171 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 Employment Relations Authority found unjustified dismissal and unjustified disadvantage.
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: ... period: 16 January 2023 to 10 May 2024 Visa context: accredited employer work visa Unjustified disadvantage: established for underpayment, unauthorised deductions, racialised comments, and the verbal warning Dismissal: unjustified Contribution: no reduction ...
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: ... service: approximately 14 years Key issues: delayed disciplinary process; two suspensions; unjustified dismissal; reinstatement; lost wages; compensation; sick leave reimbursement; good faith; breach of collective agreement; penalty against the Trust Outcome: personal ...
Sasha Lee v JNJ Management Limited and National Holdings Limited [2026] NZERA 309 - redundancy unjustified, duties removed without consultation, wage arrears and holiday pay ordered

Sasha Lee performed management, HR and operational work across JNJ group businesses before duties were removed and her position was later declared redundant. She challenged both the unilateral reduction of responsibilities and the redundancy process, together with wage and holiday-pay issues.

Matched passage: ... of the JNJ Group, with broader group duties in practice Key issues: joint employment; unjustified disadvantage; removal of duties; safe workplace; redundancy; predetermination; wage arrears; salaried employee additional hours; annual holidays; public holidays; ...
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: Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
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: First unjustified disadvantage: failure to follow up The regional HR manager's failure to follow up allowed the situation to continue and amounted to unjustified disadvantage.
Jia Jia v TBS Trading Limited and Helen Han [2026] NZERA 478 - no employment agreement, late wages and radio-silent dismissal

Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.

Matched passage: ... Role: retail sales assistant Employment period: 3 July 2024 to 15 September 2024 Dismissal: unjustified Disadvantage: unjustified disadvantage also found Written employment agreement: none provided Wages: ultimately paid, but not always on time Lost wages: two months' lost ...
Ronald Thomas Shea v STLand Contracting Limited (in liquidation) [2026] NZERA 420 - dismissed by phone without a process

Ronald Shea's hours at STLand Contracting fell sharply before he was told by phone that there was no more work for him. He also alleged bullying and an unsafe workplace, while the employer had undertaken no redundancy or dismissal consultation.

Matched passage: Finding: unjustified dismissal and unjustified disadvantage The Authority found Mr Shea was unjustifiably dismissed.

Browse topics