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Results for unjustified dismissal

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Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: ... [2026] NZERA 273 This determination is about two separate Personal Grievances (PGs): an unjustified disadvantage claim about being removed from work while complaints were "investigated", and an unjustified dismissal claim where the employer dismissed for serious misconduct ...
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Matched passage: What the Authority had to decide Unjustified disadvantage: alleged incorrect hourly rate / overtime / statutory holiday entitlements, and alleged bullying.
JAYALATH v INFOSYS LIMITED [2025] NZERA 539 - dismissal over mandatory training modules unjustified

Infosys dismissed Mr Jayalath for failing to complete mandatory online business modules after a disciplinary process run partly by overseas management. He challenged both the substantive basis for treating the failure as dismissible conduct and the fairness of the procedure.

Matched passage: The determination records that Unjustified dismissal Mr Jayalath's claims [25] Mr Jayalath raised several arguments alleging his dismissal by Infosys was both substantively and procedurally unjustified.
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: ... meeting: 9-12 September 2024 (Wellington) Determination date: 14 February 2025 Outcome: Unjustified dismissal found; 90-day trial defence rejected; remedies ordered. Story in plain English This decision deals with a dismissal during what the employer said was a 90-day trial ...
O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 57 - NDA disadvantage and redundancy dismissal unjustified

The Platform Media made Ms O'Brien redundant after a period of absence and a dispute that also involved a proposed NDA. The ERA examined whether redundancy was the true predominant reason, whether alternatives and redeployment were genuinely considered, and whether the NDA process caused disadvantage.

Matched passage: At a glance Citation: [2025] NZERA 57 Registry: Wellington Parties: O'BRIEN v THE PLATFORM MEDIA NZ LIMITED Authority member: nan Hearing date: nan Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Gary Cotton v Darcee Gosling, Gosling Solutions Limited, and Rob Ralston [2022] NZERA 90 - employer identity dispute; sole trader held liable; summary dismissal unjustified; $19, - orders for lost wages, arrears, holiday pay, and compensation

Gary Cotton's case required the ERA to identify who his employer actually was after work performed through Gosling Solutions and dealings involving Darcee Gosling and Rob Ralston. The case also concerned a summary termination and claims for unpaid employment entitlements.

Matched passage: ... 2022 (First Respondent) Determination date: 16 March 2022 Main issues: employer identity; unjustified dismissal; wage arrears; holiday pay; compensation; contribution; costs Outcome: Darcee Gosling held to be the employer and personally liable; summary dismissal unjustified; ...
Sukhmanpreet Singh v JIT Limited, Davinder Pal and Harmanpreet Kaur Sandhu [2026] NZERA 453 - forced leave request, unjustified suspension and dismissal

Sukhmanpreet Singh's dispute with JIT arose after he was pressed to submit an annual-leave request and a confrontation followed. JIT then cancelled his shifts on claimed mental-stress grounds and later dismissed him for serious misconduct, while the ERA examined the conduct of both sides.

Matched passage: ... date: 8 July 2026 Role: retail assistant in liquor stores at Mount Roskill and Whangaparaoa Dismissal reason given: serious misconduct / aggressive behaviour towards a female director Suspension: cancellation of shifts from 3 to 15 December 2024 was an unjustified suspension ...
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: Compensation The Authority took a global approach to compensation for both the unjustified dismissal and unjustified disadvantage.

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