Emma Baldwin returned to RJ Hospitality after parental leave to a dispute over rostered hours that had previously operated on a stable and regular basis. She challenged unilateral changes to that pattern and later claimed the breakdown of the relationship also amounted to dismissal.
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Results for constructive dismissal
Store manager Andrea Lawson challenged Luxottica's investigation and employment treatment after concerns were raised about store performance and policy compliance. Her case included disadvantage claims, dismissal allegations and an argument that the employer had failed to accommodate a medical condition.
An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
When a genuine business restructure can still result in an unjustified redundancy dismissal because consultation, disclosure, selection, redeployment or the final decision was not fair and reasonable.
Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.
Edgecumbe Supermarket Ltd v Petersen [2026] NZEmpC 56 - ERA unjustified dismissal finding upheld
CaseMrs Petersen was immediately suspended after raising concerns about a work task, was required to leave her uniform behind and was threatened with trespass. The dispute was whether those actions objectively communicated that her employment was over.
Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified
CaseIlalio 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.
Southshore Marine attempted to rely on a 90-day trial when dismissing Mr Gillard after concerns about his work. The timing of when employment actually commenced and the complete absence of a fair performance, conduct or capacity process were central issues.
