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Results for disciplinary

Showing 81-88 of 155 results
Four Applicants v A Respondent [2026] NZERA 407 - union activity discrimination, duress, and work-from-home disadvantage

Four salaried union members alleged that a senior manager pressured them over strike action and delegate activity and that striking staff were temporarily denied discretionary work-from-home access. The non-publication case tested discrimination and duress protections connected with lawful union activity.

Matched passage: Why this case matters The determination is a significant reminder that protection for union activity applies to more than formal disciplinary decisions or overt dismissal threats.
Rakai Tawhiwhirangi v Chief Executive of the Department of Corrections [2026] NZERA 402 - unjustified dismissal after self-defence acquittal

Corrections dismissed prison officer Rakai Tawhiwhirangi for alleged unjustified use of force after an incident that also resulted in a criminal prosecution in which he was acquitted on self-defence grounds. The ERA examined the employer's independent investigation, the evidence available and the fairness of the serious-misconduct conclusion.

Matched passage: The Department of Corrections nevertheless conducted its own employment investigation, found the use of force unjustified and unreasonable, treated the matter as serious misconduct, and dismissed him in July 2024.
Jeanette Go v Point Limited [2026] NZERA 369 - genuine redundancy but flawed consultation and undisclosed selection criteria

Point Limited made estimator Jeanette Go redundant after a genuine downturn in estimation work, but did not disclose its selection criteria, interview the other estimators or properly engage with her reduced-hours alternative before preparing the termination outcome.

Matched passage: Because the redundancy situation itself was genuine, the Authority considered lost wages were not usually awarded in the same way they may be after a disciplinary dismissal.
Nata Venceslau Dos Santos v Nresh Group Limited [2026] NZERA 363 - hostile workplace, visa pressure, unjustified dismissal, wage arrears and penalties

Nata Venceslau Dos Santos described a hostile workplace in which visa-related pressure, pay issues and deteriorating treatment preceded the end of employment. The ERA considered dismissal alongside wage arrears and minimum employment-standard breaches.

Matched passage: A short dismissal meeting and a final email are not a disciplinary process.
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: However, Traffica did not run a disciplinary process before dismissing him.
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: Unless exceptional circumstances existed, the principal had to be given a reasonable opportunity to make submissions about the alleged misconduct and the appropriateness of suspension before suspension occurred.
Mujahid Khan v Chief Executive of the Ministry for Primary Industries [2026] NZERA 316 - interim reinstatement ordered after dismissal of senior quarantine officer

Senior quarantine officer Mujahid Khan, an 18-year MPI employee, sought interim reinstatement after dismissal while his substantive grievance remained unresolved. The ERA considered the strength of the arguable dismissal case, the possibility of permanent reinstatement and the balance of convenience.

Matched passage: Why this case matters This case matters because it shows the importance of properly classifying misconduct.
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: HR advised that RPL could not summarily terminate the candidate and said the material did not justify a disciplinary investigation on what had been provided.

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