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Results for unjustified dismissal

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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 ...
Courtney Jansen v BDS Chartered Accountants Limited [2026] NZERA 230 - 90 day trial phone termination + resignation option led to unjustified constructive dismissal; $7,000 compensation

Courtney Jansen was told by an external HR consultant that BDS Chartered Accountants would end her employment under a 90-day trial, but was offered the option of resigning instead. The case turned on whether choosing resignation in the face of an announced dismissal was truly voluntary.

Matched passage: Practical takeaways Resign-or-be-dismissed is risky: offering resignation as an alternative to dismissal can still amount to constructive dismissal.
MON v ALLIED AUTO PARTS LIMITED [2025] NZERA 590 - dismissal by text unjustified; no contribution

Allied Auto Parts dismissed Mr Mon by text message and required him to work out two weeks' notice. The employer later relied on concerns about working from home and other matters, but no proper disciplinary or dismissal process had been carried out.

Matched passage: At a glance Citation: [2025] NZERA 590 Registry: Wellington Parties: MON v ALLIED AUTO PARTS LIMITED Authority member: Claire English Hearing date: 4 February 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).
RAPANA v UBP LIMITED [2025] NZERA 367 - medical-incapacity dismissal unjustified; contribution reduced compensation

UBP dismissed Mr Rapana after a prolonged period of absence and communication difficulties. The case examined the medical information available to the employer, inconsistencies in the reasons later given for dismissal and whether the investigation fairly addressed the real circumstances.

Matched passage: At a glance Citation: [2025] NZERA 367 Registry: Wellington Parties: RAPANA v UBP LIMITED Authority member: Claire English Hearing date: 27 March 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).
RYDER v LEOPARD LIME LIMITED [2025] NZERA 266 - employer ended employment; dismissal unjustified

Mr Ryder's employment with Leopard Lime ended after an exchange in early November 2022 in which the employer maintained that he had not been dismissed. The case turned on what the communications objectively meant and whether any fair dismissal process had occurred.

Matched passage: At a glance Citation: [2025] NZERA 266 Registry: Wellington Parties: RYDER v LEOPARD LIME LIMITED Authority member: Shane Kinley Hearing date: 18 March 2025 Determination date: 13 May 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
MURRAY v OWAKA MOTORS (2008) LIMITED [2025] NZERA 207 - driver-licence dismissal unjustified after inadequate investigation

Owaka Motors dismissed Mr Murray after he lost the driver licence required for his work. He also alleged mental-health discrimination and failure to provide an employment agreement, while the ERA examined whether the employer adequately investigated alternatives and heard from him before dismissal.

Matched passage: ... Determination date: 14 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, Mr ...

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