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Results for disciplinary process

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Kyle Horsefield v Eurocars Limited [2026] NZERA 293 - car salesperson labelled casual was a permanent employee; dismissal by text message unjustified; $12,345 ordered

Kyle Horsefield sold cars for Eurocars under an arrangement labelled casual, but his work had the characteristics of ongoing employment. The employer later ended the relationship by text, raising both employment-status and dismissal-justification issues.

Matched passage: The ERA said a fair and reasonable employer could only dismiss for poor attendance after a graduated warning process, where the employee had been told about the issue and given an opportunity to address it.
Wallace v Tang & Son Ltd [2026] NZERA 67 - husband-and-wife chefs dismissed after management conflict; both succeed; $95,448 ordered

Husband-and-wife chefs working at Buoy Café were dismissed after an escalating conflict with new management. The employer did not properly investigate the allegations or give either employee a genuine opportunity to respond before deciding to terminate them.

Matched passage: ... under s 103A of the Employment Relations Act 2000, including that dismissal for misconduct requires a fair and reasonable process: proper investigation, putting concerns to the employee, and genuinely considering their response. The Authority noted that even if ...
Yifu Jiang v Smartrade Limited [2026] NZERA 56 - fixed-term clause held unlawful; unjustified dismissal; $15,600 lost wages and $12,000 compensation

Smartrade treated Yifu Jiang's employment as ending under a one-year fixed-term clause, but the agreement did not record genuine reasons satisfying s 66. Mr Jiang was also given no meaningful chance to comment before the employer ended the relationship.

Matched passage: If a fixed term is not lawful, ending the employment at the nominated end date can still be treated as a dismissal at the initiative of the employer - and a fair process is required.
Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.

Matched passage: Give notice if required: if you dismiss after probation ends, your contractual notice terms normally apply (unless serious misconduct is proven).
The Board of Trustees v LGY [2026] NZEmpC 46 - interim reinstatement upheld on de novo challenge

A school Board challenged an ERA order temporarily reinstating LGY while the employee's substantive dismissal grievance remained unresolved. The employer relied on alleged serious misconduct, loss of trust and workplace relationship concerns to resist reinstatement.

Matched passage: Why interim reinstatement was maintained The Board relied on alleged serious misconduct involving school funds and on the effect a return might have on workplace relationships and third parties.
ADO v JOAN FERNIE CHARITABLE TRUST BOARD [2025] NZERA 3 - redundancy found to be a pretext for conduct concerns

ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.

Matched passage: ... leave, that Mr Barham embarked on a course of making ill-advised allegations without due process. Additionally, the persistent allegations made against ADO, including from the time of the letter of 10 November 2023 containing allegations not relevant to the purported no ...
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.

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