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.
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Results for employee contribution
Mr Canales accepted a part-time window-installer job with Thermashield but missed his intended first day because of a migraine. The case turned on whether an employment relationship had already been formed and whether later text messages brought it to an end.
Edgecumbe Supermarket said Mrs Petersen was merely suspended after refusing an instruction and that her employment was going to end anyway because of overseas travel. Petersen said she was told to leave, surrender her uniform and was threatened with trespass, which objectively conveyed that she had been fired.
Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.
Big B Cartage dismissed truck driver David Turner for serious misconduct after a seven-minute meeting without identifying the allegations or disclosing the text message relied on. The ERA found the dismissal unjustified and awarded $9,750 compensation after a 25 percent contribution reduction.
Kitchen hand Jagjit Singh was dismissed immediately after the employer believed he had attended work intoxicated and later returned to the restaurant. There was no paper trail of prior warnings or a proper investigation before the phone-call and email dismissal.
Jimmy Nelson was dismissed by The Digger Man after repeated attendance problems and unexplained absences. The employer had genuine concerns, but the issue was whether it gave him a final, fair opportunity to understand the seriousness of the latest incidents and explain himself before termination.
LJB had already resigned and was working out one month's notice when EBD's HR manager called her to a meeting, told her to clear her desk and sent her away before the notice period expired. No allegations or supporting material had been put to her in advance and she had no genuine opportunity to respond.
