ClickCease

Results for serious misconduct

Showing 89-96 of 103 results
STEWART v PULSE 2012 LIMITED t/a BROWNE ST [2025] NZERA 241 - dismissal unjustified; compensation reduced 17.5% for contribution

Pulse 2012 dismissed Mr Stewart after alleging he had prepared food for himself at the workplace while recorded as working, in a dispute that also involved allegations of theft. The ERA examined whether the evidence and disciplinary response could justify dismissal.

Matched passage: Ultimately, This was a serious allegation which it would appear had clearly influenced Mr Hodges and Mr Fraser in making the decision to dismiss Mr Stewart.
Constructive Dismissal
33 articles

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.

Continue
Sasha Lee v JNJ Management Limited and National Holdings Limited [2026] NZERA 309 - redundancy unjustified, duties removed without consultation, wage arrears and holiday pay ordered

Sasha Lee performed management, HR and operational work across JNJ group businesses before duties were removed and her position was later declared redundant. She challenged both the unilateral reduction of responsibilities and the redundancy process, together with wage and holiday-pay issues.

Matched passage: ... salaried employee additional hours; annual holidays; public holidays; after-acquired misconduct; remedies Outcome: Ms Lee was employed by JNJ only; unjustified disadvantage and unjustified dismissal were established against JNJ Total ordered: $105,342.25 gross wage ...
Poor accounting in the ERA: Menzies v Corrigan and the liquidator disclosure problem with Catherine Stewart Barrister

This article examines how disputed accounting material in Menzies v Corrigan moved from a liquidator's reference to 'excessive drawings' into evidence used in proceedings seeking personal compliance orders against a company director. It also traces later disclosure issues involving material routed through Catherine Stewart Barrister's office.

Matched passage: In separate disciplinary findings, she was struck off after conduct described as a "complete dereliction of duty": effectively renting out her licence to a person who did not meet the "fit and proper" test for RITANZ membership, a requirement for holding a liquidator's licence.
Recurring problems that come up in ERA cases

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.

Matched passage: The Authority's process depends on basic disclosure discipline: documents should be exchanged as they are provided to the Authority.
Employment Relations Authority (ERA): steps before filing and attending an ERA Investigation Meeting

The steps that commonly occur before and after an ERA application is filed, including raising the problem, mediation, statements of problem and reply, directions, evidence and preparation for the investigation meeting.

Matched passage: The Court expects structured pleadings, clear evidence, and procedural discipline.
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: Pressuring him to resign, withholding work and refusing to engage breached the duty not to destroy or seriously damage trust and confidence, now reflected in the statutory duty of good faith.

Browse topics