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Results for unfair dismissal

Showing 57-64 of 266 results
Sidney Yu and Jing Tham v Queenstown Nursery Limited [2026] NZERA 446 - casual employment, fixed assignment and unjustified dismissal

Sidney Yu and Jing Tham were engaged by Queenstown Nursery for temporary plant work and were later selected to stop working, with the employer relying on weather and alleged comparative inefficiency. The case concerned whether the casual or short-assignment characterisation justified ending their work without a fair process.

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.
Filisi Beswick v Friendly Loans Limited [2026] NZERA 436 - medical incapacity dismissal without a fair inquiry

Friendly Loans dismissed Filisi Beswick for medical incapacity less than four weeks after hospitalisation, despite updated information that her condition had improved and requests to discuss returning or working from home. The employer also deducted $2,439.09 from her final pay for a loan.

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.
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: ... date: 26 June 2026 Role: Fitness Instructor, Birkenhead Pool and Leisure Centre Dismissal: Summary dismissal for alleged serious misconduct on 7 February 2025 Key issues: outside personal-training business; conflict declarations; social-media videos made at the ...
Aaron Potter v Talley's Limited [2026] NZERA 412 - flawed HSR election disciplinary process and unjustified dismissal

Aaron Potter was disciplined and dismissed by Talley's after disputes surrounding a health and safety representative election and communications involving other employees. The case focused on whether Talley's properly investigated the competing accounts and relevant messages before deciding serious misconduct was established.

Matched passage: Good faith is not an afterthought: a poor disciplinary process can amount to both an unjustified dismissal and a breach of the duty of good faith.
Rakai Tawhiwhirangi v Chief Executive of the Department of Corrections [2026] NZERA 402 - unjustified dismissal after self-defence acquittal

Corrections dismissed prison officer Rakai Tawhiwhirangi for alleged unjustified use of force after an incident that also resulted in a criminal prosecution in which he was acquitted on self-defence grounds. The ERA examined the employer's independent investigation, the evidence available and the fairness of the serious-misconduct conclusion.

Matched passage: ... decision-maker impartiality; unnotified concerns; reinstatement; contribution Outcome: unjustified dismissal established Reinstatement: declined as not reasonable or practicable Compensation: $17,000 after a 15 percent contribution reduction Lost wages: $19,882.50 after a ...
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: ... with several direct reports in a busy call centre environment Key issue: medical incapacity dismissal; whether the final decision was procedurally fair Outcome: unjustified dismissal established Reinstatement: declined Lost wages: declined Compensation: $25,000 assessed, ...
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: Traffica would then have been required to genuinely consider that response before deciding whether dismissal was warranted.
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: ... meeting lasted a full day The short point This is a straightforward but useful unfair dismissal case. Dallison had concerns about Mr Huntley-Byrne's work, including attendance, cleanliness, work practices, customer-facing conduct, and the way the café was closed on ...

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