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Results for unjustified disadvantage

Showing 65-72 of 171 results
UDUMULLAGA v HOPKINS JOINERY LIMITED [2025] NZERA 270 - employer-prepared resignation and redundancy dismissal unjustified

Ms Udumullaga was presented with an employer-prepared resignation letter and was later told her job had already been disestablished. The dispute concerned redundancy, periods when she said she was fit and available to work, unpaid entitlements, and whether the employer's process was genuine and fair.

Matched passage: Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
CUC v HUYNH [2025] NZERA 68 - trial-period defence fails; dismissal unjustified

Ms Cuc was dismissed with one week's notice under what the nail-salon employer said was a 90-day trial period. She said the real issue was that she was outspoken about her employment rights, while performance criticisms were advanced later in the ERA proceeding.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Thuy v Huynh [2025] NZERA 74 - 90-day trial failed; dismissal for seeking employment advice unjustified

A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.

Matched passage: The termination was substantively unjustified and the required fair process had not been followed.
O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 56 - disadvantage claims decided; later dismissal claims left separate

Ms O'Brien's proceeding against The Platform concerned employment grievances arising before her later dismissal. After the investigation meeting she sought to add dismissal-related claims, creating a procedural dispute about whether those new matters belonged in the determination already under way.

Matched passage: Practical takeaways Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: ... Plant (meat processing), work covered by the applicable collective agreement Issues: unjustified disadvantage (suspension), unjustified dismissal (was it a dismissal or voluntary resignation), and remedies Outcome: both personal grievances succeeded (unjustified ...
Personal Grievance (PG)
17 articles

A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

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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: It decided whether the employee should be temporarily put back into his role while the unjustified dismissal and disadvantage claims are investigated.
Jeanette Go v Point Limited [2026] NZERA 369 - genuine redundancy but flawed consultation and undisclosed selection criteria

Point Limited made estimator Jeanette Go redundant after a genuine downturn in estimation work, but did not disclose its selection criteria, interview the other estimators or properly engage with her reduced-hours alternative before preparing the termination outcome.

Matched passage: ... reduced-hours proposal; redeployment; compensation; lost wages; penalties Outcome: unjustified dismissal and unjustified disadvantage established Compensation: $18,000 under section 123(1)(c)(i) Lost wages: $5,769.23 gross, equivalent to four weeks' salary Penalties: ...

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