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Results for performance dismissal

Showing 97-104 of 117 results
Disciplinary Meetings and Investigations
7 articles

Facing a disciplinary meeting or misconduct allegation? The employer should investigate properly, identify the allegations and evidence, give a genuine opportunity to respond, and keep an open mind before deciding on a warning or dismissal.

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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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Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: Step 1: Conduct vs performance (do not let the employer blur it) A lot of employers try to discipline performance issues as "misconduct" because it is faster and feels more decisive.
Ashleigh Sanders v Hamilton City Council [2026] NZERA 517 - senior zoo manager's insidious conduct caused unjustified disadvantage

Hamilton Zoo's former senior manager subjected zookeeper Ashleigh Sanders to intrusive personal contact, out-of-hours messages, requests for information about colleagues, favouritism and career-related pressure. She later resigned, long after that manager had left.

Matched passage: Because the dismissal claim failed, no lost-wages remedy was available.
Redundancy

Redundancy

Topic
38 articles

Redundancy is defined at common law as a situation where an employee's position becomes surplus to the needs of the employer. A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.

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Workplace bullying in New Zealand: what it is and what you can do

What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.

Matched passage: In plain language, workplace bullying is usually not a single awkward conversation or a manager raising performance issues.
Shania Mackey v Shearing NZ Limited [2026] NZERA 146 - employer withheld s 149 settlement payments after alleged confidentiality breach; compliance ordered; penalties adjourned

Shania Mackey and Shearing NZ settled a personal grievance at mediation under s 149, requiring compensation, payment of representative fees and a certificate of service. The employer later withheld those obligations after hearing that Mackey had allegedly breached confidentiality.

Matched passage: Sacked Kiwi / advocate: no penalty (aiding and abetting not proved).
Employment Law Advice for Employers
20 articles

Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.

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