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Results for serious misconduct

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Employment Law Advice for Employers
20 articles

Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.

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Mereana Kennedy v Remarkable People Limited [2026] NZERA 296 - account manager constructively dismissed after employer failed to properly respond to safety concerns about candidate; $20,000 compensation ordered

Mereana Kennedy resigned from Remarkable People after repeated unwanted communications from a candidate created safety concerns and the employer's protective arrangements failed to resolve the problem. She alleged the employer did not properly investigate or respond when the safety plan proved ineffective.

Matched passage: RPL appeared to focus on whether the text messages and call logs alone justified discipline, while discounting or failing to explore the verbal and in-person communications Ms Kennedy had raised.
Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

Matched passage: Practical takeaways Separate incident investigation from discipline: if an incident review turns into potential misconduct, say so clearly.
Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.

Matched passage: There was no serious-misconduct basis for avoiding notice.
Wallace v Tang & Son Ltd [2026] NZERA 67 - husband-and-wife chefs dismissed after management conflict; both succeed; $95,448 ordered

Husband-and-wife chefs working at Buoy Café were dismissed after an escalating conflict with new management. The employer did not properly investigate the allegations or give either employee a genuine opportunity to respond before deciding to terminate them.

Matched passage: ... Mrs Wallace (sous chef) at Buoy Cafe Employer position: Mr Wallace dismissed for "repeated misconduct, dishonesty and refusal to comply with reasonable instructions"; Mrs Wallace dismissed for "dishonesty, misconduct and negligence" (including alleged "collusion" and not ...
BROWN v TIMBER TOWN HARVESTING LIMITED [2025] NZERA 117 - real dismissal reasons were not fairly put to the employee

Timber Town Harvesting summarily dismissed Mr Brown after relying on an earlier workplace incident and disputed warnings. The case examined whether the reasons actually relied on were properly put to him and whether he had been given a meaningful opportunity to understand and correct the employer's concerns.

Matched passage: ... weeks between the 25 August 2023 incident and his dismissal which was inconsistent with his misconduct being so serious TTH believed it justified his summary dismissal. The Authority notes that Although TTH says there were further incidents after the 25 August 2023 incident ...
Resink v Employment Services Limited [2025] NZERA 104 - constructive dismissal after continuing good-faith breaches

Employment Services pursued a disciplinary investigation without clearly identifying all allegations or providing requested information. An intimidating visit to recover Frank Resink's company vehicle became the last straw in continuing breaches of good faith.

Matched passage: 08 gross Compensation: $15,000 Contribution: no reduction Costs: reserved An unclear disciplinary investigation Mr Resink had worked for the labour-hire business for approximately two years.

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