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Results for disciplinary process

Showing 121-128 of 138 results
Unfair Dismissal (Unjustified Dismissal)
21 articles

An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.

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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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Employment Relations Authority NZ: ERA Investigation Meeting Guide

A practical guide to an Employment Relations Authority investigation: filing, case management, witness statements, evidence, the investigation meeting, remedies, costs and preparation.

Matched passage: It is less formal than a court, but an ERA case still requires disciplined preparation: clear claims, the right documents, credible witness evidence, accurate loss calculations and a coherent explanation of why the law supports the result sought.
Menzies v Corrigan [2026] NZEmpC 151 - late challenge refused, substantive issues remain unresolved

Mr Menzies sought to challenge an ERA compliance outcome arising from remedies originally ordered against a company that later entered liquidation. The background raised disputed accounting, disclosure, separate-legal-personality and recovery issues, but the challenge itself was filed substantially out of time.

Matched passage: One of the liquidators, Kelera Nayacakalou, was later struck off following unrelated disciplinary findings.
South Pole IP Holding (NZ) Limited v Hao [2026] NZEmpC 193 - constructive dismissal upheld

South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.

Matched passage: A lawyer's letter called him to a meeting about the disputed resignation and possible performance concerns, with disciplinary action potentially following if no suitable outcome was reached.
Rakai Tawhiwhirangi v Chief Executive of the Department of Corrections [2026] NZERA 402 - unjustified dismissal after self-defence acquittal

Corrections dismissed prison officer Rakai Tawhiwhirangi for alleged unjustified use of force after an incident that also resulted in a criminal prosecution in which he was acquitted on self-defence grounds. The ERA examined the employer's independent investigation, the evidence available and the fairness of the serious-misconduct conclusion.

Matched passage: The Department of Corrections nevertheless conducted its own employment investigation, found the use of force unjustified and unreasonable, treated the matter as serious misconduct, and dismissed him in July 2024.
Mujahid Khan v Chief Executive of the Ministry for Primary Industries [2026] NZERA 316 - interim reinstatement ordered after dismissal of senior quarantine officer

Senior quarantine officer Mujahid Khan, an 18-year MPI employee, sought interim reinstatement after dismissal while his substantive grievance remained unresolved. The ERA considered the strength of the arguable dismissal case, the possibility of permanent reinstatement and the balance of convenience.

Matched passage: Why this case matters This case matters because it shows the importance of properly classifying misconduct.

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