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Results for disciplinary process

Showing 89-96 of 138 results
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.
QN v FT LIMITED [2025] NZERA 99 - unjustified dismissal

QN was summarily dismissed as a branch manager after FT Limited investigated an alleged undisclosed conflict of interest involving the engagement of a close family member's company. The ERA examined both the underlying conflict and whether the investigation and decision-making process was fair.

Matched passage: Ultimately, The letter then drew attention to examples of serious misconduct in QN's employment agreement and a company disciplinary and dismissal policy relating to a conflict-of-interest activity and failure to disclose.
Deborah Eyles v Bottlers Limited [2026] NZERA 300 - no redundancy process, unexplained stand down and dismissal; $20,000 compensation ordered

Deborah Eyles was stood down from her supervised-contact work and later dismissed in circumstances the employer characterised as redundancy. She challenged both the unexplained removal from work and the absence of any genuine consultation or fair redundancy process.

Matched passage: Bottlers had followed no restructuring process with her.
Employment Lawyers and Advocates
13 articles

People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.

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Shaun Graves v NZSL Employment Limited [2026] NZERA 669 - contractor became an employee before summary dismissal

Shaun Graves initially worked through his own contracting company, but later moved onto NZSL's PAYE payroll, worked regular hours under its direction and used its equipment. The ERA found he had become an employee from 23 September 2024 and was unjustifiably dismissed when simply told his services were no longer required.

Matched passage: There was no disciplinary or redundancy process, no consultation, no opportunity to respond and no fair notice of an employment decision.
Xuefeng Yang v ERA Home Limited [2026] NZERA 695 - migrant worker was an employee despite employer denying relationship

ERA Home denied that Xuefeng Yang had ever become its employee, despite a signed employment agreement, an approved work visa and evidence that he worked at its construction site. The ERA found an employment relationship existed, upheld unjustified dismissal and disadvantage claims, awarded $23,000 compensation and $8,008.20 lost wages plus holiday pay, and imposed a $3,000 penalty on the company.

Matched passage: Underpayment and summary dismissal ERA Home did not provide the employment on the agreed terms, did not pay Mr Yang at the contractual hourly rate or in the agreed manner, and ended his employment without a disciplinary or dismissal process.
Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real

After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.

Matched passage: The timing and manner of the process gave her no reasonable opportunity to respond before the company made its decision.

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