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Results for serious misconduct
![Deborah Coley v Bupa Care Services NZ Limited [2026] NZERA 530 - redundancy threat used to force variation of guaranteed hours](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Deborah Coley's agreement guaranteed at least 32 hours each week, but Bupa sought to vary that guarantee by averaging hours across a six-week roster and presented redundancy as the alternative if she refused. A later disciplinary investigation and written warning added a second strand to the disadvantage claim.
Everest Corporation told automotive technician Layth Abu-Laban that his employment would end because an alleged one-year contract would not be renewed. His agreement was actually permanent, and the employer later relied on allegations of poor workmanship, customer solicitation, misuse of property and theft.
Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.
Pulse 2012 dismissed Mr Stewart after alleging he had prepared food for himself at the workplace while recorded as working, in a dispute that also involved allegations of theft. The ERA examined whether the evidence and disciplinary response could justify dismissal.
Sasha Lee performed management, HR and operational work across JNJ group businesses before duties were removed and her position was later declared redundant. She challenged both the unilateral reduction of responsibilities and the redundancy process, together with wage and holiday-pay issues.
South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.
Nata Venceslau Dos Santos described a hostile workplace in which visa-related pressure, pay issues and deteriorating treatment preceded the end of employment. The ERA considered dismissal alongside wage arrears and minimum employment-standard breaches.
Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.
