Employment Law

Unjustified dismissal upheld on procedural grounds. Remedies were reduced by one third for contributory conduct, and wage/public holiday underpayments were ordered.

Summary of Hurikawa v Walton Mountain Ltd [2026] NZERA 8. The ERA found an unjustified dismissal and ordered lost wages ($6,656) and compensation ($15,000).

JHJ v IXX [2026] NZERA 2 is an unjustified dismissal determination. The ERA ordered $14,040.00 gross lost wages (3 months cap) and $17,500.00 compensation, with costs reserved. The determination includes a temporary non-publication order.

In Jingkai Wang v E|nvoco Ltd [2025] NZERA 845, the ERA found the employee was not dismissed and had resigned. A limited unjustified disadvantage was established due to the employer's failure to respond to concerns raised in the resignation email. The ERA awarded $1,500 compensation (after a 25% reduction for blameworthy conduct). Costs were reserved.

A short-term construction worker was dismissed after repeated unexplained absences and lateness. The ERA accepted the employer had genuine attendance concerns and had raised them, but held the dismissal unjustified because the worker was not given a final chance to understand the seriousness of...

Preliminary determination on whether a 90-day trial clause barred an unjustified dismissal personal grievance. The employment agreement contained both a trial period clause (1 day notice, no PG) and a probation clause (1 week notice, fairness obligations). The ERA held the clauses created...

ERA accepted serious food safety and hygiene deficiencies justified dismissal in substance, but found the suspension and termination process was flawed and unfair. The dismissal was therefore unjustified. Remedies of $14,560 lost wages and $6,000 compensation were reduced by one third for...

The Authority made monetary and/or other orders. Shubanghi Kaushal was employed by Ambridge Rose Manor Limited (ARML) as a Healthcare Assistant from 12 December 2022 until her dismissal on 12 September 2025. Key amounts include costs of $6,000.