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Results for disciplinary process
Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.
What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.
A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.
A first-response framework for New Zealand employers who receive a personal grievance: preserve evidence, identify the allegations, assess procedural and substantive risk, and choose a mediation or defence strategy.
A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.
Suspension is a serious step, not a punishment. An employer ordinarily needs a proper reason and fair process, and the suspension should last no longer than reasonably necessary for the investigation or risk being managed.
A performance improvement process should identify genuine performance gaps, set clear and reasonable expectations, provide appropriate support and a real opportunity to improve before dismissal is considered.
Workplace bullying is repeated and unreasonable behaviour that can cause physical or psychological harm. Employees can document the conduct, use internal complaint processes and challenge an inadequate or retaliatory employer response where the legal tests are met.
