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Results for unjustified disadvantage

Showing 1-8 of 171 results
JURY v BUCI LIMITED [2025] NZERA 7 - permanent part-time status, unjustified disadvantage and constructive dismissal

Buci described Ms Jury as casual despite a long pattern of regular shifts. When her hours were cut and the restaurant later insisted she sign a casual agreement before continuing to work, she claimed unjustified disadvantage and constructive dismissal.

Matched passage: When the restaurant reduced her work below the minimum two days without agreement or consultation, the Authority found an unjustified disadvantage.
Ashleigh Sanders v Hamilton City Council [2026] NZERA 517 - senior zoo manager's insidious conduct caused unjustified disadvantage

Hamilton Zoo's former senior manager subjected zookeeper Ashleigh Sanders to intrusive personal contact, out-of-hours messages, requests for information about colleagues, favouritism and career-related pressure. She later resigned, long after that manager had left.

Matched passage: The senior manager's use of power, persistent personal contact and career leverage disadvantaged Ms Sanders even though no explicit sexual proposition was proved.
Ben Devine v Health New Zealand - Te Whatu Ora [2025] NZERA 206 - nurse's 'casual' status rejected; unpaid stand-down unjustified disadvantage; reinstatement ordered; $15,000 compensation plus lost wages

Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.

Matched passage: ... 2026 (Respondent) Date of determination: 8 April 2026 Core issues: genuine casual status; unjustified disadvantage (unpaid suspension/stand-down); alleged unjustified dismissal; reinstatement; holiday entitlements; penalties; costs Overall outcome: no dismissal found; ...
Thomas Patrick Kenna v Anztec Limited [2026] NZERA 120 - redundancy found genuine but consultation defective; unjustified disadvantage; $15,000 compensation

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.

Matched passage: The Authority awarded compensation for unjustified disadvantage and made pointed observations about the employer's advisor-drafted documentation and approach.
Gemma Pedersen v Super Vape Store Limited [2026] NZERA 108 - dismissed by WhatsApp on KPI probation grounds without proper training; unjustified disadvantage and dismissal upheld; $15,917.48 ordered

Retail assistant Gemma Pedersen was dismissed by WhatsApp/email during a six-month probation period for allegedly missing sales KPIs. She said she had not received the promised practical training and had never been put through a genuine performance process before termination.

Matched passage: She brought personal grievances for unjustified disadvantage and unjustified dismissal and sought compensation and lost wages.
Jingkai Wang v Envoco Limited [2025] NZERA 845 - resignation, covert recordings and limited unjustified disadvantage

Jingkai Wang claimed Envoco had dismissed him and subjected him to bullying and an unsafe workplace, while the employer said he resigned. The evidence also included covert recordings and a trial clause signed only after work had begun.

Matched passage: The Authority characterised that as a limited unjustified disadvantage.
Colin Bradshaw v Ocean To Alps Removal & Storage Limited [2025] NZERA 636 - dismissal claim failed, but unjustified disadvantage upheld; $15,000 compensation and wage arrears

Colin Bradshaw claimed he was dismissed after a confrontation during a removal job and a related pay dispute with Ocean To Alps. The ERA had to separate the alleged termination from the employer's subsequent handling of the incident, communications and unpaid hours.

Matched passage: Unjustified disadvantage and the pay dispute Although the dismissal claim failed, the Authority then considered the unjustified disadvantage grievance under s 103(1)(b).
Tammy Maxine Stevenson v Mountain Chalets (2005) Limited [2025] NZERA 248 - not dismissed, but unjustified disadvantage; casual label rejected, $8,000 compensation and holiday pay recalculation

Tammy Stevenson had worked regular cleaning hours for Mountain Chalets for years despite the employer describing her as casual. A dispute over guaranteed hours and a phone conversation then led her to claim dismissal and challenge the employer's treatment of her employment status and holiday entitlements.

Matched passage: ... Investigation meeting: 3 and 4 March 2025 (Twizel) Determination date: 5 May 2025 Outcome: Unjustified dismissal not upheld; unjustified disadvantage upheld; compensation and holiday pay orders made. Key orders: $8,000 compensation; outstanding holiday pay for the whole ...

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