Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Results for workplace investigation
![JOHNSTONE v ZXY [2025] NZERA 11 - care worker's summary dismissal unjustified; hindsight undermined the process](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
A care worker with 21 years' service was summarily dismissed after a resident incident, principally for not calling an ambulance. The ERA examined whether the employer judged her conduct with hindsight and fairly considered what she actually knew, her explanations and gaps in workplace policies and practice.
Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.
A guide to the employment-law disputes created by workplace Covid-19 vaccination requirements, including dismissal, disadvantage, consultation, alternatives and minimum-entitlement issues.
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.
An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
Unjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.
Employment MBIE Mediation is the primary problem solving mechanism under the Employment Relations Act 2000. Parties to an employment relationship problem often must attempt mediation.
