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Showing 41-48 of 70 results
James Honotapu v Atlas Fibrous Plaster Company Limited [2026] NZERA 587 - absenteeism dismissal followed an unfair process

Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.

Matched passage: But it invited him to a meeting without warning that dismissal was possible, then decided during the meeting to end his employment.
Valerie Leech v Electrical Importing Co Limited [2026] NZERA 553 - employment was agreed before the 90-day trial was signed

Electrical Importing Co agreed Valerie Leech's core job terms and told her when to start before presenting a written employment agreement containing a 90-day trial clause. It later relied on that clause to dismiss her.

Matched passage: Why this case matters Leech v Electrical Importing Co Limited is a warning against leaving the employment agreement until the employee's first morning.
LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment

BAZ had genuine commercial reasons to make Luo's role redundant, but the employee was not given a fair opportunity to engage with the proposal or meaningful redeployment possibilities before the decision was made.

Matched passage: LUO received no proper proposal, relevant financial information, timetable or clear warning that her position was at risk.
Jonathan Rhodes v Barfoot & Thompson Limited [2026] NZERA 543 - medical incapacity dismissal before a genuine opportunity to recover

Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.

Matched passage: It maintained contact, sought information from the Stay at Work service, provided advance warning that dismissal was possible, met with Mr Rhodes and his support person, and used colleagues and relief staff to manage work where possible.
Briar Kennedy v Adulto HR Limited [2026] NZERA 537 - missing trial clause and predetermined performance dismissal

Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.

Matched passage: ... does not justify dismissal without clear standards, support, measurable expectations, warning of the consequences, disclosure of the information relied on, and genuine consideration of the employee's response. If you are considering raising a Personal Grievance (PG), the ...
Conner Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 480 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Conner Powell was made redundant by OH and N Contracting as forestry work wound down and no replacement work had been secured. The ERA accepted that business pressure was genuine but examined whether the employer consulted before deciding the redundancy and complied with notice and record obligations.

Matched passage: The dismissal was abrupt, confusing, and occurred without warning or discussion.
FEC v HES [2026] NZERA 475 - constructive dismissal failed but unjustified disadvantage found over home visits

FEC was a beginning school principal whose relationship with the board deteriorated after a parent-related incident. Among the challenged conduct were after-hours visits by the presiding member to FEC's home to deal with school employment matters, followed eventually by FEC's resignation.

Matched passage: The case is also a warning about boundaries.
Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified

Ilalio Solomona was dismissed by Auckland Council after conflict-of-interest concerns about his outside personal-training business. Although his employment obligations could legitimately restrict outside activity, the disciplinary process did not put the contractual obligations actually relied on to him for response.

Matched passage: Why this case matters Solomona v Auckland Council is a practical warning about characterising a disciplinary allegation accurately.

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