BLIGNAUT v WASTE MANAGEMENT NZ LIMITED [2025] NZERA 560

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

The personal grievance for unjustified disadvantage was upheld.

In summary, Do you want me to apologise to your staff And if you want to you can put in a formal complaint or email Jitesh [32] Mr Blignaut did not mention this incident or the text exchange to Mr Singh, which later would form the basis for Mr Blignaut's dismissal. After that, Mr Blignaut says he wants to resign [47] After this weekend spent working, Mr Blignaut emailed Mr Singh on 16 October 2023 saying he wanted to resign. Later, Mr Blignaut emails Mr Angus about resignation [71] On 28 November 2023, Mr Blignaut emailed Mr Angus saying he wished to clarify some things from the discussion last Monday (20 November 2023). The determination records that WMNZ starts a disciplinary process [79] On 14 December 2023 Mr Singh sent an email to Mr Blignaut attaching a letter requesting a meeting on 15 December 2023, for when Mr Blignaut was expected to return to work. The Authority notes that The letter confirms the reason for dismissal was: Based on the investigation into the allegations against you, it has been determined that your conduct constitutes a serious breach of our company policies and procedures, warranting the termination of your employment. Ultimately, The 15 February 2024 letter from Mr Blignaut's former lawyer listed about 15 (quoted wording omitted) breaches resulting in separate unjustifiable disadvantages in the last 90 days of his employment, along with about 24 other examples of what was said to be bullying, intimidation and harassment. In the end, Mr Blignaut's claim related to unjustified actions causing disadvantage from: (a) Bullying and harassment by WMNZ, particular by Mr Singh. (b) Unlawful suspension from work. (c) Attempts to procure Mr Blignaut's resignation.

Key case markers

• This determination comes from the Auckland registry.
• The parties are BLIGNAUT (employee) and WASTE MANAGEMENT NZ LIMITED (employer).
• Hearing date noted: 25-27 March and 12 May 2025 (4 days).
• Authority member: Sarah Blick.

Key events described (as described by the Authority)

• Do you want me to apologise to your staff And if you want to you can put in a formal complaint or email Jitesh [32] Mr Blignaut did not mention this incident or the text exchange to Mr Singh, which later would form the basis for Mr Blignaut's dismissal.
• Mr Blignaut says he wants to resign [47] After this weekend spent working, Mr Blignaut emailed Mr Singh on 16 October 2023 saying he wanted to resign.
• On 17 November 2023, Mr Angus advised Mr Blignaut via text message that he would receive a letter with a request for a meeting to discuss his return to work.
• Mr Blignaut emails Mr Angus about resignation [71] On 28 November 2023, Mr Blignaut emailed Mr Angus saying he wished to clarify some things from the discussion last Monday (20 November 2023).
• He said it was mentioned that he resigned, and he was (quoted wording omitted).
• WMNZ starts a disciplinary process [79] On 14 December 2023 Mr Singh sent an email to Mr Blignaut attaching a letter requesting a meeting on 15 December 2023, for when Mr Blignaut was expected to return to work.
• On 30 January 2024, Mr Angus sent Mr Blignaut's former lawyer a letter and relevant documents inviting Mr Blignaut to a meeting on 1 February 2024.
• The letter confirms the reason for dismissal was: Based on the investigation into the allegations against you, it has been determined that your conduct constitutes a serious breach of our company policies and procedures, warranting the termination of your employment.
• The 15 February 2024 letter from Mr Blignaut's former lawyer listed about 15 (quoted wording omitted) breaches resulting in separate unjustifiable disadvantages in the last 90 days of his employment, along with about 24 other examples of what was said to be bullying, intimidation and harassment.
• Mr Blignaut's claim related to unjustified actions causing disadvantage from: (a) Bullying and harassment by WMNZ, particular by Mr Singh. (b) Unlawful suspension from work. (c) Attempts to procure Mr Blignaut's resignation.
• Alleged suspension and attempts to procure Mr Blignaut's resignation [116] Mr Blignaut says he was suspended and a number of events towards the end of his employment constituted attempts to procure his resignation.
• Mr Blignaut says WMNZ's actions at a meeting on 20 November 2023 and for two days after resulted him being unlawfully suspended, constituting an unjustified action causing disadvantage.
• The Authority has some doubt about whether Mr Blignaut's handwritten notes of the meeting are contemporaneous or near contemporaneous, in light of WMNZ's observation that they appear next to handwritten email addresses of WMNZ's directors, to whom the personal grievance letter was sent on 15 February 2024.
• WMNZ refers to both Mr Blignaut's emails on 19 September 2023 and 16 October 2023 advising of his intention to resign, with the latter email saying the business should plan on him resigning end of February or March 2024.
• Mr Blignaut's email to Mr Angus on 28 November 2023 said his earlier email was (quoted wording omitted) but a clear expression of his emotions.

Decision markers (as described by the Authority)

• The Authority concluded in all the circumstances, WMNZ did not act as a fair and reasonable employer could, and Mr Blignaut was unjustifiably dismissed.
• The Authority found there is evidence of hurt, humiliation and injury to feelings connected Mr Blignaut's unjustified dismissal, the severity of which was compounded by preexisting personal features.
• The Authority was satisfied this did constitute an availability provision.
• The Authority was satisfied its actions undermined the employment relationship and are serious enough to warrant a penalty.

Orders and payments mentioned

• Compensation: $20,000
• Penalty: $2,500

Note: figures above are extracted from the orders section (or the final orders wording). Check the PDF for full context and any gross/net directions.

Practical takeaways

• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

Read the full ERA determination (embedded)

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.