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Results for unjustified dismissal

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TRAIL v VEOLIA WATER SERVICES LIMITED [2025] NZERA 353 - dismissal for workplace outbursts still unjustified

Veolia dismissed Mr Trail after a series of workplace outbursts, having previously issued a warning and then relied on later complaints. The ERA examined whether the proven conduct and disciplinary history could reasonably justify dismissal.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
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 ...
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.
WINZ non-entitlement stand-down after unfair dismissal: when an unfair dismissal personal grievance can help waive it

How an unfair or involuntary dismissal can affect a WINZ stand-down and why evidence of a personal grievance may be relevant when asking MSD to reconsider a non-entitlement period.

Matched passage: Employee Case Form You have 90 days from the date of termination of employment (or when the termination or dismissal has come to your notice) to raise a personal grievance for unjustified dismissal.
Sirikanya Pankhum v Super Vape Store Limited [2026] NZERA 149 - WhatsApp dismissal during probation, no process; $12,500 compensation, $7,873.92 lost wages, $311.28 holiday pay

Sirikanya Pankhum was working under a six-month probation clause when Super Vape Store ended her employment by WhatsApp. A probationary arrangement did not remove the requirement for the employer to identify concerns, hear her response and use a fair dismissal process.

Matched passage: Outcome: unjustified dismissal (and unjustified disadvantage) upheld because no fair process was followed.
ZHENG v BOYA TRADING LIMITED and Anor [2025] NZERA 427 - dismissal by text was not abandonment

Boya Trading summarily dismissed Mr Zheng by text on 26 May 2023, alleging that he had refused to work and abandoned his employment. Mr Zheng said there had been no warning or consultation and raised dismissal and disadvantage grievances the following month.

Matched passage: Ultimately, Compensation for hurt and humiliation [54] Mr Zheng initially sought compensation under the Act for $15,000 for his successful unjustified disadvantage claim and $25,000 for his successful unjustified dismissal claim.
PUTAANGA v MOVE FREIGHT LIMITED [2025] NZERA 425 - medical-incapacity dismissal and unsafe-work disadvantage

MOVE Freight dismissed Mr Putaanga for medical incapacity after a workplace accident and a lengthy period assessing his prospects of returning to full-time work. He also alleged the employer had failed to provide a safe workplace and that this caused unjustified disadvantage.

Matched passage: At a glance Citation: [2025] NZERA 425 Registry: Christchurch Parties: PUTAANGA v MOVE FREIGHT LIMITED Authority member: Peter van Keulen Hearing date: 27 March 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).
Kyle Horsefield v Eurocars Limited [2026] NZERA 293 - car salesperson labelled casual was a permanent employee; dismissal by text message unjustified; $12,345 ordered

Kyle Horsefield sold cars for Eurocars under an arrangement labelled casual, but his work had the characteristics of ongoing employment. The employer later ended the relationship by text, raising both employment-status and dismissal-justification issues.

Matched passage: ... employed from 12 to 21 November 2024 Key issues: casual vs permanent employment; dismissal by text message; good faith; breach of employment agreement; procedural fairness; substantive justification; remedies; contribution; penalties; costs Outcome: permanent ...

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