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Results for unjustified disadvantage

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FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension

Auckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.

Matched passage: The Authority therefore found unjustified disadvantage limited to those initial two days.
Four Applicants v A Respondent [2026] NZERA 407 - union activity discrimination, duress, and work-from-home disadvantage

Four salaried union members alleged that a senior manager pressured them over strike action and delegate activity and that striking staff were temporarily denied discretionary work-from-home access. The non-publication case tested discrimination and duress protections connected with lawful union activity.

Matched passage: ... strike activity Successful claims: discrimination and duress arising from union activity; unjustified disadvantage arising from an adverse work-from-home decision Unsuccessful claim: one applicant's annual leave refusal claim Compensation: $10,000 to each applicant under s ...
Daniel Bly v FutureCo Limited [2026] NZERA 269 - dismissal for Instagram posts and Slack messages held unjustified; $15,000 compensation; 6 months' pay less 50% contribution

Daniel Bly was dismissed by FutureCo after Instagram posts and internal Slack messages became the subject of disciplinary allegations. The case tested both the seriousness of the conduct and whether the employer's investigation and dismissal response were proportionate.

Matched passage: ... (lead on a KFC mobile app game project), 25 September 2023 to 5 December 2024 Key issues: unjustified disadvantage (excessive hours; health and safety; suspension), unjustified dismissal (serious misconduct), good faith/penalty, annual leave shortfall, remedies and ...
Yu Chunyan, Sun Tingting, Liu Danhua, Zhang Shijie v Miaodi's Laundromat Ltd t/a Mr Suds and Yang Yang [2026] NZERA 31 - Unjustified dismissal, wage arrears, compensation and penalty

Four workers at Miaodi's Laundromat alleged their employment was ended without a fair process and that significant wage and holiday entitlements had not been paid. The proceeding also involved personal liability and penalties for minimum employment-standard breaches.

Matched passage: ... Eleanor Robinson Investigation meeting: 2 and 3 December 2025 (Auckland) Main issues: Unjustified dismissal; unjustified disadvantage (underpayment and holiday pay); penalties for breach of good faith and minimum standards. Outcome: The Authority found the employees were ...
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Matched passage: ... Up to 23 September 2025 from the Applicant Determination date: 18 December 2025 Outcome: Unjustified disadvantage claims were unsuccessful overall. Dismissal was substantively justified but procedurally flawed; the dismissal was therefore unjustified. Money ordered: $13,707 ...
JAYALATH v INFOSYS LIMITED [2025] NZERA 539 - dismissal over mandatory training modules unjustified

Infosys dismissed Mr Jayalath for failing to complete mandatory online business modules after a disciplinary process run partly by overseas management. He challenged both the substantive basis for treating the failure as dismissible conduct and the fairness of the procedure.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
STEWART v OPEN COUNTRY DAIRY LIMITED (3265479), OPEN COUNTRY DAIRY LIMITED v STEWART (3275619) [2025] NZERA 330 - summary dismissal unjustified; 100% contribution removes lost wages

Open Country Dairy summarily dismissed Mr Stewart on the final day covered by his medical certificate after a disciplinary process. The ERA considered both the employer's process and Mr Stewart's own conduct when assessing justification and remedies.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Olliver & Taylor v Te Araroa [2025] NZERA 312 - fixed-term dismissals unjustified; $37,500 and $27,500 compensation

Community Connectors Daynah Olliver and Sheena Taylor were employed on fixed-term agreements that did not properly record the statutory reasons for the fixed terms. Te Araroa then tried to end both employments early without a fair process.

Matched passage: With no proper engagement with Ms Olliver or Ms Taylor about their employment, the Authority found both dismissals unjustified.

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