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Results for serious misconduct

Showing 97-103 of 103 results
Nata Venceslau Dos Santos v Nresh Group Limited [2026] NZERA 363 - hostile workplace, visa pressure, unjustified dismissal, wage arrears and penalties

Nata Venceslau Dos Santos described a hostile workplace in which visa-related pressure, pay issues and deteriorating treatment preceded the end of employment. The ERA considered dismissal alongside wage arrears and minimum employment-standard breaches.

Matched passage: A short dismissal meeting and a final email are not a disciplinary process.
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.
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.
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.
Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269 - Probationary period dismissal held unjustified; $9,000 compensation + $14,040.40 lost wages; penalties dismissed

Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.

Matched passage: ... It found contribution existed, including because Ms Ramsay did not see punctuality as a serious problem provided she had "cover", and because her responses about prioritising family obligations and the family-on-site incident were not aligned with what the employer ...
Workplace Bullying
4 articles

Workplace bullying is repeated and unreasonable behaviour that can cause physical or psychological harm. Employees can document the conduct, use internal complaint processes and challenge an inadequate or retaliatory employer response where the legal tests are met.

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Employment Court
11 articles

Employment Court proceedings include challenges to Employment Relations Authority determinations, urgent applications and other specialist employment cases. Deadlines, pleadings, evidence and costs require careful preparation.

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