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Results for disciplinary

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Jack Wills v Complex Forme Limited [2026] NZERA 76 - health centre worker dismissed by silence after no contract and no pay; $25,526.80 ordered plus penalties

Jack Wills worked at Complex Forme without a written agreement and was not paid for 32 hours of work. After he sought clarity about pay and rostering, the employer stopped responding, removed his access and ceased providing work.

Matched passage: I was also provided with a copy of a Complex Forme Employee Handbook that Mr Wills was given that details a range of policies and procedures including inter alia annual leave, salaries and wages, disciplinary procedures and privacy.
Kyle Spencer v Modern Transport Engineers Limited [2026] NZERA 60 - dismissal unjustified due to non-minor process defects; $12,000 compensation and employer damages offset

Modern Transport Engineers had evidence capable of supporting serious-misconduct concerns against Kyle Spencer, while also counterclaiming for unauthorised private work and purchases. However, it stood him down early, relied on undisclosed staff discussions and ran a process carrying signs of predetermination.

Matched passage: MTE advised (in a letter dated 22 February 2024) that it had made findings of serious misconduct and that termination was its preliminary view, seeking Mr Spencer's response.
Lillian Shorter v Waiheke Island Supported Homes Trust [2026] NZERA 54 - summary dismissal for alleged sleeping on night shift held unjustified; six months lost wages ordered and $18,750 compensation

Lillian Shorter was summarily dismissed by Waiheke Island Supported Homes Trust after covert video showed her sleeping during night shifts. She said night workers had a recognised practice of sleeping during combined breaks and challenged both the investigation and the unequal treatment of staff.

Matched passage: The employee's son became involved in correspondence with management, and the employer initiated an investigation process about communications and alleged serious misconduct.
Mark Beveridge v PVB Investments Limited: 'Bugger off' at the Ashurst Deer N Duck Inn was an unjustified dismissal (2026 NZERA 51)

Cook Mark Beveridge was told to 'bugger off' and leave the Ashurst Deer N Duck Inn during a confrontation connected with police concerns about marijuana plants on the owner's property. The employer disputed whether those words had actually ended the employment.

Matched passage: A discussion occurred the following day, but it was not handled as a formal disciplinary process and there were no written outcomes.
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: (b) The disciplinary meeting on 12 September 2025.
LGY v Board of Trustees [2025] NZERA 809 - interim reinstatement ordered pending dismissal grievance (non-publication)

LGY sought interim reinstatement after being dismissed by a school board while the substantive personal grievance remained unresolved. The Board relied on serious allegations and workplace concerns, while LGY argued there was a strong arguable dismissal case and that reinstatement could operate pending a final hearing.

Matched passage: Disciplinary process and key documents In early November 2024 the chair of the Board recommended a disciplinary process for alleged misconduct/serious misconduct.
Yusong Du v Sly House Limited [2025] NZERA 765 - WeChat dismissal and 50% contribution reduction

Sly House sent migrant construction worker Yusong Du a WeChat message saying he was unsuitable because he was too slow and lacked strength, then argued he had abandoned the job. The ERA also considered evidence that he had overstated his prior work experience.

Matched passage: The ERA rejected that account, found the message was a dismissal, and held the dismissal unjustified because no disciplinary or contractual termination process had been followed.
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).

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