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Results for unjustified dismissal

Showing 41-48 of 274 results
Gemma Pedersen v Super Vape Store Limited [2026] NZERA 108 - dismissed by WhatsApp on KPI probation grounds without proper training; unjustified disadvantage and dismissal upheld; $15,917.48 ordered

Retail assistant Gemma Pedersen was dismissed by WhatsApp/email during a six-month probation period for allegedly missing sales KPIs. She said she had not received the promised practical training and had never been put through a genuine performance process before termination.

Matched passage: She brought personal grievances for unjustified disadvantage and unjustified dismissal and sought compensation and lost wages.
Noel Jr Camacho v North Beach Limited [2025] NZERA 824 - 90-day trial clause held ineffective because probation and trial terms conflicted; employee may bring PG

North Beach relied on a 90-day trial clause to argue Noel Camacho could not bring an unjustified-dismissal grievance, but the same employment agreement also contained a probation clause that conflicted with the trial wording.

Matched passage: The employer said the trial clause prevented an unjustified dismissal Personal Grievance (PG).
UDUMULLAGA v HOPKINS JOINERY LIMITED [2025] NZERA 270 - employer-prepared resignation and redundancy dismissal unjustified

Ms Udumullaga was presented with an employer-prepared resignation letter and was later told her job had already been disestablished. The dispute concerned redundancy, periods when she said she was fit and available to work, unpaid entitlements, and whether the employer's process was genuine and fair.

Matched passage: ... and 29 November 2024 by AVL (2 days) 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, ...
Xiaomeng Feng v Yoga Limited [2025] NZERA 709 - admitted unjustified dismissal, $12,400 remedies and no contribution reduction

Yoga Limited ultimately admitted that Xiaomeng Feng's dismissal was unjustified, leaving the ERA to determine lost wages, compensation, contribution and a claimed good-faith penalty. The employer relied on performance and communication concerns to seek a reduction.

Matched passage: The employer later accepted in its amended reply that the dismissal was unjustified.
JURY v BUCI LIMITED [2025] NZERA 7 - permanent part-time status, unjustified disadvantage and constructive dismissal

Buci described Ms Jury as casual despite a long pattern of regular shifts. When her hours were cut and the restaurant later insisted she sign a casual agreement before continuing to work, she claimed unjustified disadvantage and constructive dismissal.

Matched passage: When the restaurant reduced her work below the minimum two days without agreement or consultation, the Authority found an unjustified disadvantage.
Leo Waters v S.T.L Linehaul Ltd [2021] NZERA 304 - Unjustified dismissal, redundancy process failures

Leo Waters was made redundant by STL Linehaul in a process he said lacked genuine consultation and a fair opportunity to influence the decision. The ERA examined both the employer's business rationale and whether the redundancy procedure met the good-faith and justification standards.

Matched passage: ... 2021 and 19 April 2021 Role: Administration assistant Employment start: Late August 2019 Dismissal basis claimed by employer: Redundancy Applicant representative: Lawrence Anderson (advocate) Direct link to the full ERA determination (PDF): What happened Mr Waters started ...
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: ... Plant (meat processing), work covered by the applicable collective agreement Issues: unjustified disadvantage (suspension), unjustified dismissal (was it a dismissal or voluntary resignation), and remedies Outcome: both personal grievances succeeded (unjustified ...
Layth Abu-Laban v Everest Corporation Limited [2026] NZERA 292 - permanent automotive technician dismissed after employer tried to treat employment as an unrenewed one-year contract; unjustified dismissal upheld; employer counterclaim failed

Everest Corporation told automotive technician Layth Abu-Laban that his employment would end because an alleged one-year contract would not be renewed. His agreement was actually permanent, and the employer later relied on allegations of poor workmanship, customer solicitation, misuse of property and theft.

Matched passage: That made the case wider than a standard unjustified dismissal claim.

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