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Sheridan v Pact Group [2026] NZEmpC 51 - medical incapacity dismissal overturned

Roseanne Sheridan developed PTSD after a serious threat from a resident at work and was dismissed for medical incapacity about six months later. Specialist ACC information and rehabilitation planning were still developing, and a return-to-work process had not been completed.

Matched passage: The employer initially raised disciplinary concerns about her handling of the incident, but the employment process later shifted to possible termination for medical incapacity.
Fire and Emergency New Zealand v Kinzett [2026] NZEmpC 119 - ERA dismissal finding overturned

Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.

Matched passage: The Employment Court treated the case as a serious-misconduct challenge and disagreed with important parts of the Authority's reasoning, including the significance attributed to FENZ having kept Mr Kinzett at work while the investigation and disciplinary process continued.
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: Giving the code was unusual and improper, but on its own did not amount to serious misconduct in all the circumstances.
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: A fair and reasonable employer could not treat that full exchange as serious misconduct justifying summary dismissal.
Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real

After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.

Matched passage: A genuine redundancy still requires a fair process: the Authority accepted this was not personal targeting, a sham redundancy, or disciplinary action disguised as redundancy.
OAS v JIK Limited [2026] NZERA 474 - employee dismissed after seeking family violence leave

Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.

Matched passage: JIK argued that the 2026 amendments concerning misconduct, serious misconduct and remedies should apply.
Blue Hunt v Lance Wakelin [2026] NZERA 463 - farm assistant unjustifiably dismissed after cowshed dispute

Farm assistant Blue Hunt's employment ended after a cowshed dispute with Lance Wakelin. The case required the ERA to determine who the employer was, whether Mr Hunt had been dismissed and whether any fair process or substantive reason justified the termination.

Matched passage: A heated exchange does not remove the obligation to run a fair disciplinary process before dismissal.
Steven David Mitchell v Tasman Rugby Union Incorporated [2026] NZERA 435 - CEO returned to payroll on interim reinstatement

Tasman Rugby Union dismissed chief executive Steven Mitchell after an organisational review became intertwined with later misconduct allegations. He sought interim reinstatement, arguing the process appeared predetermined and that his substantive dismissal grievance had real strength.

Matched passage: It found that the review, the later disciplinary process and the material before the Board gave Mr Mitchell a strongly arguable case that adverse and personalised views had formed before the process was completed.

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