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Results for unfair dismissal

Showing 49-56 of 266 results
DUNG PHAM v HUYNH [2025] NZERA 75 - dismissal proved; lost remuneration and compensation awarded

Ms 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.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
RAY YU v SYNERGY NUTRITION LIMITED [2025] NZERA 64 - Unjustified dismissal and unjustified disadvantage (warning)

Synergy Nutrition issued Ray Yu a written warning and later dismissed him amid concerns including phone use and his ability to work night shifts. The ERA separately assessed the fairness of the warning, dismissal and Yu's own conduct under the contribution provisions.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 56 - disadvantage claims decided; later dismissal claims left separate

Ms O'Brien's proceeding against The Platform concerned employment grievances arising before her later dismissal. After the investigation meeting she sought to add dismissal-related claims, creating a procedural dispute about whether those new matters belonged in the determination already under way.

Matched passage: At a glance Citation: NZERA 56 Registry: Wellington Parties: O'BRIEN v THE PLATFORM MEDIA NZ LIMITED Authority member: nan Hearing date: nan Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
ORMSBY v BLUELAGOON NZ LIMITED [2025] NZERA 44 - Messenger dismissal for inability to pay; wages and compensation awarded

BlueLagoon ended Mr Ormsby's employment by Messenger after the employer said it could no longer afford to pay him. The case also involved unpaid wages, holiday pay and KiwiSaver obligations alongside the dismissal grievance.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
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: Do not force a status change by ultimatum: requiring an employee to sign a materially different casual agreement or stop working can amount to repudiatory conduct and constructive dismissal.
Brad Capper v CJS Construction [2023] NZERA 314 - unjustified dismissal; 50% contribution; no lost wages

Brad Capper's short employment with CJS Construction ended in a dismissal that the employer did not attempt to justify under a 90-day trial clause. The case turned on dismissal fairness, his own contribution and whether he had proved efforts to mitigate lost wages.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
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: Compensation and lost wages Mr April established three unjustified disadvantage grievances and an unjustified dismissal grievance.
Sukhmanpreet Singh v JIT Limited, Davinder Pal and Harmanpreet Kaur Sandhu [2026] NZERA 453 - forced leave request, unjustified suspension and dismissal

Sukhmanpreet Singh's dispute with JIT arose after he was pressed to submit an annual-leave request and a confrontation followed. JIT then cancelled his shifts on claimed mental-stress grounds and later dismissed him for serious misconduct, while the ERA examined the conduct of both sides.

Matched passage: ... date: 8 July 2026 Role: retail assistant in liquor stores at Mount Roskill and Whangaparaoa Dismissal reason given: serious misconduct / aggressive behaviour towards a female director Suspension: cancellation of shifts from 3 to 15 December 2024 was an unjustified suspension ...

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