KINZETT v FIRE AND EMERGENCY NEW ZEALAND [2025] NZERA 132

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

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues.

In summary, The investigator's report concluded that there were breaches of FENZ's Standards of Conduct Policy by all three. After that, In addition, Mr Kinzett was found to have breached FENZ's Policy to Address Bullying, Harassment and Victimisation. Later, The report led to disciplinary action against Mr Kinzett, ultimately resulting in his summary dismissal on 6 May 2024. The determination records that His evidence is that the (quoted wording omitted) [56] The Investigation Report also found three instances in which Firefighter A had breached the Standards of Conduct Policy, and had bullied Mr Kinzett. The Authority notes that Disciplinary Process [57] On 5 February 2024 FENZ invited Mr Kinzett to a meeting to discuss the findings of the Investigation Report. Ultimately, On 19 April 2024 FENZ held a meeting to receive Mr Kinzett's feedback on its preliminary decision to dismiss. In the end, By letter dated 6 May 2024, FENZ then confirmed its decision to dismiss Mr Kinzett on a summary basis.

Key case markers

• This determination comes from the Auckland registry.
• The parties are KINZETT (employee) and FIRE AND EMERGENCY NEW ZEALAND (employer).
• Hearing date noted: 3 and 4 December 2024 (2 days).
• Authority member: Jeremy Lynch.

Key events described

• The investigator's report concluded that there were breaches of FENZ's Standards of Conduct Policy by all three.
• In addition, Mr Kinzett was found to have breached FENZ's Policy to Address Bullying, Harassment and Victimisation.
• The report led to disciplinary action against Mr Kinzett, ultimately resulting in his summary dismissal on 6 May 2024.
• His evidence is that the (quoted wording omitted) [56] The Investigation Report also found three instances in which Firefighter A had breached the Standards of Conduct Policy, and had bullied Mr Kinzett.
• Disciplinary Process [57] On 5 February 2024 FENZ invited Mr Kinzett to a meeting to discuss the findings of the Investigation Report.
• On 19 April 2024 FENZ held a meeting to receive Mr Kinzett's feedback on its preliminary decision to dismiss.
• By letter dated 6 May 2024, FENZ then confirmed its decision to dismiss Mr Kinzett on a summary basis.
• On 5 February 2024 FENZ invited Mr Kinzett to a disciplinary meeting to discuss the findings of the Investigation Report.
• The 12 April 2024 letter from FENZ shows that the decisionmaker had considered the feedback provided by Mr Kinzett, and rather than accepting the Investigation Report in full, Mr Guard found that one of the allegations against Mr Kinzett could not be substantiated.
• From 5 February 2024 when FENZ commenced its own disciplinary investigation upon receipt of the Investigation Report, until Mr Kinzett's dismissal, was 13 weeks, during which time Mr Kinzett was in the workplace, performing his normal duties.
• A finding is made that Mr Kinzett was unjustifiably dismissed by FENZ by its letter dated 6 May 2024.

Decision markers

• The Authority found that any disadvantage to Mr Kinzett's employment in respect of the investigation process undertaken by FENZ (including as to the timing of its commencement), was justifiable in the circumstances.
• In addition, The Authority found that the decision to investigate Mr Kinzett's complaints together with all the complaints laid by Firefighters A and B was justified in the circumstances.
• Remedies [123] Mr Kinzett has established a personal grievance for unjustified dismissal.

Orders and payments mentioned

• Compensation: $9,600
• Lost wages: A quantifiable amount "lost wages under s 123(1)(b) of the Act in respect of the period between his summary dismissal on 6 May 2024 and his interim reinstatement on 17 July 2024, plus account for holiday pay on this sum, and ensuring KiwiSaver obligations (if applicable) are met"

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

• Redundancy determinations usually turn on genuineness and consultation quality.
• 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.

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