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Results for disciplinary process

Showing 81-88 of 97 results
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.
Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612 - summary dismissal held unjustified; reinstatement declined; $20,000 compensation after contribution

Fire and Emergency summarily dismissed Crawford Morris after complaints about interactions with a female volunteer firefighter, including comments about physical capability and a later dispute over protective clothing. The ERA examined whether insensitive conduct reached the serious-misconduct threshold.

Matched passage: Serious misconduct threshold: whether the established conduct was capable of being characterised as serious misconduct (and if so, whether summary dismissal was warranted in all the circumstances).
CALLEN v ALARON PRODUCTS LIMITED [2025] NZERA 165 - dismissal grievance allowed; compensation and lost wages awarded

Mr Callen's unjustified-dismissal grievance against Alaron Products was not formally filed in the Authority until after the ordinary 90-day raising period had become an issue. The case addressed whether the grievance could nevertheless proceed and what remedies followed from the dismissal claim.

Matched passage: Mr Gray advised Mr Evans would represent the company at the meeting and if no suitable explanation was given by Mr Callen, he was facing potential disciplinary action up to and including his dismissal.
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.
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: ... letter sent on 17 September, which was the only record of Mr Campbell-Wilson's thought process at the time he made his decision to dismiss Mr Brown, did not accurately reflect the actual reasons for Mr Brown's dismissal. Looking at the process TTH followed, The Authority ...
SWENSON v AKITIO TRUCKING LIMITED [2025] NZERA 214 - unjustified dismissal with contribution reduction

Akitio Trucking dismissed Mr Swenson after concluding he punched another driver. He argued the employer had failed to deal with earlier theft allegations and that its investigation and dismissal process were unjustified.

Matched passage: Later, Mr Swenson was suspended on pay and invited to a disciplinary meeting.
South Pole IP Holding (NZ) Limited v Hao [2026] NZEmpC 193 - constructive dismissal upheld

South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.

Matched passage: A lawyer's letter called him to a meeting about the disputed resignation and possible performance concerns, with disciplinary action potentially following if no suitable outcome was reached.
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.

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