JAYALATH v INFOSYS LIMITED [2025] NZERA 539

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

Story in plain English

A costs determination was made.

In summary, On 9 April 2024 Infosys dismissed Mr Jayalath for failing to comply with a direction for him to complete its mandatory online business modules. After that, Disciplinary meetings [16] On 27 March 2024 Mr Jayalath received a call from Infosys management based in Australia to attend a meeting on the following day to discuss an allegation of breach of conduct. Later, During the meeting Ms Virk presented Mr Jayalath with a letter headed (quoted wording omitted) and read out the notice which set out allegations against Mr Jayalath for failing to complete the SAQ. The determination records that Unjustified dismissal Mr Jayalath's claims [25] Mr Jayalath raised several arguments alleging his dismissal by Infosys was both substantively and procedurally unjustified. The Authority notes that Mr Jayalath also claimed Infosys' process leading to his dismissal was flawed because he was not given ample opportunity to seek legal advice and properly respond to Infosys' allegations. Ultimately, In terms of its dismissal process, Infosys said it followed a fair and reasonable process by initiating the process with the Show Cause Notice and then gave Mr Jayalath an opportunity to comment before meeting with him to discuss the outcome of its process. In the end, It should not have been a surprise to Mr Jayalath when he was invited to attend the notice meeting and was given formal confirmation of his potential dismissal.

Key case markers

• This determination comes from the Auckland registry.
• The parties are JAYALATH (employee) and INFOSYS LIMITED (employer).
• Hearing date noted: 6 May 2025 in Auckland and 10 June 2025.
• Authority member: Alex Leulu.

Key events described

• On 9 April 2024 Infosys dismissed Mr Jayalath for failing to comply with a direction for him to complete its mandatory online business modules.
• Disciplinary meetings [16] On 27 March 2024 Mr Jayalath received a call from Infosys management based in Australia to attend a meeting on the following day to discuss an allegation of breach of conduct.
• During the meeting Ms Virk presented Mr Jayalath with a letter headed (quoted wording omitted) and read out the notice which set out allegations against Mr Jayalath for failing to complete the SAQ.
• Unjustified dismissal Mr Jayalath's claims [25] Mr Jayalath raised several arguments alleging his dismissal by Infosys was both substantively and procedurally unjustified.
• Mr Jayalath also claimed Infosys' process leading to his dismissal was flawed because he was not given ample opportunity to seek legal advice and properly respond to Infosys' allegations.
• In terms of its dismissal process, Infosys said it followed a fair and reasonable process by initiating the process with the Show Cause Notice and then gave Mr Jayalath an opportunity to comment before meeting with him to discuss the outcome of its process.
• It should not have been a surprise to Mr Jayalath when he was invited to attend the notice meeting and was given formal confirmation of his potential dismissal.
• Accordingly, Infosys is ordered to pay Mr Jayalath $4,807.69 in remedies for his unjustified dismissal within 28 days of this determination.

Decision markers

(No decision markers were extracted automatically.)

Orders and payments mentioned

• Costs: Costs reserved.

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

• Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
• 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.