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Results for disciplinary process

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Thomas Patrick Kenna v Anztec Limited [2026] NZERA 120 - redundancy found genuine but consultation defective; unjustified disadvantage; $15,000 compensation

Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.

Matched passage: Ms Mathieson also told him the meeting was "not disciplinary", which only added to the confusion about what process was being run and what consequences were being considered.
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: Why this case matters Serious misconduct requires fair process: even where an allegation (like sleeping on duty) can amount to serious misconduct, the employer still needs a careful, even-handed investigation and a proportionate response.
Brad Capper v CJS Construction [2023] NZERA 314 - unjustified dismissal; 50% contribution; no lost wages

Brad Capper's short employment with CJS Construction ended in a dismissal that the employer did not attempt to justify under a 90-day trial clause. The case turned on dismissal fairness, his own contribution and whether he had proved efforts to mitigate lost wages.

Matched passage: Contribution is not a substitute for an employer carrying out a proper disciplinary or performance process.
Election 2026: Labour and Opportunity Asked About the 2026 Employment Law Changes

Ahead of the 2026 election, Labour and Opportunity were asked to state their positions on the recent Employment Relations Act changes, including contribution, remedies and employee access to justice.

Matched passage: The Authority held the new regime applied but did not make final contribution or serious-misconduct findings on evidence that had not yet been fully tested.
Suspension at work and when it becomes a Personal Grievance (NZ)

When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.

Matched passage: Suspension can also feed a dismissal claim (and sometimes a constructive dismissal) If the employer later dismisses, an unjustified suspension can become part of the overall process and can support a finding that the dismissal itself was unjustified.
Contribution after the Employment Relations Amendment Act 2026: expect strict interpretation, not a free pass

Analysis of the 2026 contribution changes and the continuing need to prove blameworthy employee conduct that contributed to the situation giving rise to the grievance before remedies are reduced or removed.

Matched passage: ... 21 February 2026) add two new "switches" before the reduction question even starts: Serious misconduct contribution (new s 123B): if an employee action contributed to the situation giving rise to the PG, and that action amounts to serious misconduct, then no remedy is ...
Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: Remedies: contribution and "serious misconduct" The amendments strengthen the effect of "contribution" by the employee.
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 ...

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