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Results for disciplinary process

Showing 129-136 of 138 results
Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - indefinite paid suspension over prescribed medicinal cannabis; employer silence led to constructive dismissal; $33,545.75 awarded plus $4,571.55 costs/fee

Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.

Matched passage: The employment agreement allowed paid suspension only in circumstances of alleged serious misconduct while an investigation was carried out.
DA SILVA v DSJ JOINERY LIMITED [2025] NZERA 444 - no express dismissal at meeting, but later conduct ended employment

Mr Da Silva left a meeting with DSJ Joinery believing he had been dismissed, although the employer said the meeting was about health and safety rather than discipline. The ERA examined whether there was an actual dismissal and, if not, whether the employer's conduct nevertheless ended the relationship.

Matched passage: Against this accepted background, The Authority found it implausible and improbable that Mr Milne would escalate a health and safety meeting - which was not even a disciplinary meeting - to a dismissal in the course of minutes.
Hao v South Pole IP Holding (NZ) Limited [2025] NZERA 245 - pressure to resign caused constructive dismissal

South Pole treated Xinhua Hao as having agreed to resign, despite his repeated denials, then withheld work and continued pressing the resignation dispute. The ERA found those actions caused an unjustified constructive dismissal.

Matched passage: Correspondence from its lawyer continued treating the supposed resignation as the central dispute and raised the prospect of disciplinary action if no suitable outcome was reached.
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: A disciplinary meeting was held on 26 February 2018 with union representation.
Employment Relations Authority (ERA): steps before filing and attending an ERA Investigation Meeting

The steps that commonly occur before and after an ERA application is filed, including raising the problem, mediation, statements of problem and reply, directions, evidence and preparation for the investigation meeting.

Matched passage: The Court expects structured pleadings, clear evidence, and procedural discipline.
Sukhmanpreet Singh v JIT Limited, Davinder Pal and Harmanpreet Kaur Sandhu [2026] NZERA 453 - forced leave request, unjustified suspension and dismissal

Sukhmanpreet Singh's dispute with JIT arose after he was pressed to submit an annual-leave request and a confrontation followed. JIT then cancelled his shifts on claimed mental-stress grounds and later dismissed him for serious misconduct, while the ERA examined the conduct of both sides.

Matched passage: One-sided discipline problem: a fair employer could not decide serious misconduct by weighing only the employee's reaction while ignoring the manager/director conduct that formed part of the same incident and helped create the situation.
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: The union representative and ZZP's father emphasised the effect of the late fibromyalgia diagnosis, the change in medication, and the role of psychotherapy in the recovery process.

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