JHJ v IXX [2026] NZERA 2 - Unjustified dismissal and temporary non-publication

What happened

The employee worked for the respondent company from December 2023 until being summarily dismissed in April 2024. The employer said it dismissed him because of his behaviour at the workplace on 18 April 2024. The employee alleged he was unjustifiably dismissed and raised a personal grievance.

How the ERA assessed justification

The Authority applied the standard test of justification (Employment Relations Act 2000, section 103A): what a fair and reasonable employer could have done in all the circumstances. In practical terms, that includes whether the employer investigated the concerns, raised them with the employee, gave a reasonable opportunity to respond, and genuinely considered that response before deciding to dismiss.

Key findings

• Immediate dismissal: The Authority found the employee was dismissed on the day of the incident, before any meaningful investigation or process.
• No fair process: The employer did not investigate, did not put concerns to the employee, and did not provide an opportunity to respond before dismissal.
• Unjustified dismissal: These failures were not minor and resulted in unfair treatment, so the dismissal was unjustified.

Remedies and orders

• $14,040.00 gross reimbursement of lost remuneration (3 months' ordinary time remuneration cap) - payable within 28 days
• $17,500.00 compensation for hurt and humiliation (Employment Relations Act 2000, section 123(1)(c)) - payable within 28 days
• Contribution: The Authority did not reduce remedies for contributory conduct. It found there was no blameworthy conduct by the employee that contributed to the situation giving rise to the grievance.
• Costs: Costs were reserved. The decision sets a timetable for memoranda if the parties cannot resolve costs by agreement.

Practical takeaways

• Do not rely on summary dismissal without process. Even where an employer considers behaviour serious, it still usually needs a fair investigation and an opportunity to respond.
• Contemporaneous evidence matters. The Authority gave weight to contemporaneous communications and treated later statements from witnesses (who did not attend to give evidence) with caution.
• Remember the remedies framework. Lost wages are commonly capped at 3 months unless the Authority exercises discretion to go beyond the cap (and the evidence supports it).

Read the full determination

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Open [2026] NZERA 2 (PDF)