New Zealand unfair dismissal (unjustified dismissal) case summaries from the Employment Relations Authority (ERA), explaining key facts, outcomes, and lessons for employees and employers.
These unfair dismissal (unjustified dismissal) case summaries cover Employment Relations Authority (ERA) decisions from across New Zealand. Each case highlights the facts, the Authority's reasoning, and the outcome, so you can see what tends to help or hurt a dismissal justification.
If you are dealing with a dismissal dispute, these examples can help you understand common errors in process, the standard of reasonableness applied, and typical remedies where a dismissal is found to be unjustified.
![Gaetan Duvaux v Mega Limited [2026] NZERA 182 - redundancy dismissal unjustified on process; pre-selection and withheld scoring; $8,000 compensation plus three months' pay ordered](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
A senior web developer was made redundant in a large technology department restructure. The ERA accepted the commercial drivers, but found a material process defect: Mega applied the selection criteria before consultation, did not provide the employee's scores, and did not let him meaningfully...
A Port of Tauranga stevedore was dismissed for medical incapacity after an asthma flare during palm kernel bulk work. The ERA held there was a serious question to be tried about whether the employer overstated the dust risk and failed to consider modified duties, and it ordered interim...
The Authority made monetary and/or other orders. John Pio was employed by Strautmann Hopkins Limited (SHL) from 1 March 2020 as a regional sales manager until his employment ended by way of redundancy on 26 April 2023. He says his... Key amounts include other payments of $18,000.
A retail assistant was dismissed by WhatsApp during a probation period after the employer relied on KPI metrics from CCTV and 'performance reports' but never raised concerns in writing or held any disciplinary meeting. The ERA held the employer ignored its own staged warning policy and the s...
Interim reinstatement decision. A field operations manager with 16 years service was summarily dismissed for serious misconduct after an 'illegal connection' incident involving a direct report. The ERA found a serious question to be tried on unjustified dismissal (including a mismatch between...
Outcome: see the Authority's findings and orders in the embedded determination. At the material time, the first respondent, Dong Construction Limited (Dong Construction), was an Accredited Employer under Immigration New Zealand's (INZ's) Accredited Employer Work Visa Sc...
A Rotorua kebab restaurant recruited a kitchen hand from India on an Accredited Employer Work Visa (AEWV). The ERA found the employer (through a director) sought a $34,000 premium to secure the job, breaching s 12A Wages Protection Act, and imposed a $16,000 penalty. The employee was later...
Anztec made a senior assembly technician redundant in a small-business restructure. The ERA accepted the redundancy was genuine and the dismissal was substantively justified, but found significant good faith/consultation defects - including failure to proactively disclose information.
