Mr Lazaro said Waimea Contract Carriers dismissed him at a 4 December meeting; the employer said he was merely suspended on full pay while training and other options were considered, and that employment ended later after he refused to return.
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Results for constructive dismissal
Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.
A guide to the employment-law disputes created by workplace Covid-19 vaccination requirements, including dismissal, disadvantage, consultation, alternatives and minimum-entitlement issues.
Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.
Big B Cartage said Mr Tyack had resigned by text, while Tyack maintained he had not and later attempted to return after a period of medical incapacity. The case turned on who actually ended the employment relationship and whether the employer could rely on the alleged resignation.
Mr Watson challenged a written warning and later alleged he was constructively dismissed after his relationship with Alchemy Builders deteriorated and he was removed from a workplace WhatsApp group. Timeliness affected the earlier disadvantage grievance.
DUNG PHAM v HUYNH [2025] NZERA 75 - dismissal proved; lost remuneration and compensation awarded
CaseMs Dung Pham disputed the way her employment at a nail salon ended and sought remedies for dismissal. The Authority had to resolve conflicting accounts of whether and when the employer brought the employment relationship to an end.
Da Hai Investment treated Ms LeBreton as a casual worker despite an ongoing pattern of part-time work and an original offer suggesting minimum hours. The dispute covered the true status of the relationship, how it ended, sick leave, lost remuneration and statutory breaches.
