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The Authority ordered remedies and addressed unjustified dismissal issues.

... Storage Ltd [2025] NZERA 269, the ERA found a probationary period dismissal was unjustified where the employer relied on inaccurate absence data and did not fairly assess suitability through training, guidance, ...

The Court found that the employer's conduct reasonably led her to believe she had been dismissed and that the suspension itself amounted to an unjustified dismissal.

The ERA rejected the dismissal and bullying claims, but found an unjustified disadvantage.

Practical employment law help for New Zealand employers dealing with staff disputes, dismissal issues, redundancy, mediation, Personal Grievances, ERA claims, and Employment Court risk.

The dismissal outcome The ERA accepted the allegations were serious and could have provided substantive grounds for dismissal if proven after a fair investigation.

It also noted that Qube did not put in place a return-to-work plan before dismissal, which would have given the parties a further opportunity to work constructively on accommodation and safe work design.

Constructive dismissal can arise where an employer's conduct leaves the employee with no practical option but to resign.