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Results for final pay

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Jimmy Nelson v The Digger Man Limited [2025] NZERA 835 - dismissal for unexplained absences held unjustified on process; remedies reduced 50% for contribution; $720 lost wages and $5,000 compensation

Jimmy Nelson was dismissed by The Digger Man after repeated attendance problems and unexplained absences. The employer had genuine concerns, but the issue was whether it gave him a final, fair opportunity to understand the seriousness of the latest incidents and explain himself before termination.

Matched passage: Remedies and orders Mr Nelson sought one week's lost wages ($1,300 gross) plus 8% holiday pay ($140 gross).
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: On the evidence before the Authority, The Authority found Mr Stewart's contribution towards the situation giving rise to his personal grievance warrants a proportionate reduction of one hundred percent (100%) to his reimbursement of lost wages remedy under s 128(2).
MOKE v RAUKURA HAUORA O TAINUI TRUST [2025] NZERA 48 - external investigation and disciplinary process partly unjustified

Ms Moke faced complaints and an external investigation while employed by Raukura Hauora O Tainui Trust. The case examined the fairness of the investigation, disciplinary steps and the Trust's eventual preliminary and final conclusions, including whether tikanga and kaupapa-based processes altered the statutory fairness requirements.

Matched passage: ) Orders and payments mentioned Compensation: $36,000 Costs: Costs awarded.
NAIR v MODERN AUTO REPAIR CENTRE LIMITED and Anor [2025] NZERA 28 - dismissal and wage claims upheld after conflicting accounts

Modern Auto Repair said Mr Nair resigned after a heated argument; Nair alleged he was dismissed and also pursued wage and holiday-pay issues. The ERA had to resolve conflicting evidence about how the employment ended and what money remained owing.

Matched passage: The determination records that On 28 July 2022, his wife Ragni emailed Mr Sharma that there was something wrong with the company's pay records in that Mr Nair's wages for the week ending 17 July 2022 of $956.
Jia Jia v TBS Trading Limited and Helen Han [2026] NZERA 478 - no employment agreement, late wages and radio-silent dismissal

Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.

Matched passage: However, when questioned at the investigation meeting, Ms Jia accepted that she was no longer owed wages because Ms Han had paid her back.
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: The Authority held that this did not justify the underpayment.
Clive Bryham v Electrix Limited (trading as Omexom New Zealand) [2026] NZERA 147 - interim reinstatement granted; arguable unjustified dismissal where employer alleged reputational harm without evidence

Clive Bryham, a long-serving field operations manager, was dismissed after Omexom alleged he mishandled an 'illegal connection' incident involving a direct report and exposed the business to reputational risk with a key client. He sought interim reinstatement pending final determination of his dismissal and disadvantage grievances.

Matched passage: Omexom suggested a "payroll only" reinstatement.
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: 25 Orders and payments mentioned Costs: $6,000 Other payments: $6,000 Note: amounts are extracted from the orders wording.

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