Ms Moke faced complaints and an external investigation while employed by Raukura Hauora O Tainui Trust. The case examined the fairness of the investigation, disciplinary steps and the Trust's eventual preliminary and final conclusions, including whether tikanga and kaupapa-based processes altered the statutory fairness requirements.
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Results for disciplinary
Aaron Potter was disciplined and dismissed by Talley's after disputes surrounding a health and safety representative election and communications involving other employees. The case focused on whether Talley's properly investigated the competing accounts and relevant messages before deciding serious misconduct was established.
Deborah Coley's agreement guaranteed at least 32 hours each week, but Bupa sought to vary that guarantee by averaging hours across a six-week roster and presented redundancy as the alternative if she refused. A later disciplinary investigation and written warning added a second strand to the disadvantage claim.
Packaging operator Arnold Putt challenged disciplinary action by George Weston Foods after a confrontation with his production manager about task priorities. The ERA examined both the basis for a final written warning and whether shortcomings in the way the process was communicated caused a separate disadvantage.
JAYALATH v INFOSYS LIMITED [2025] NZERA 539 - dismissal over mandatory training modules unjustified
CaseInfosys dismissed Mr Jayalath for failing to complete mandatory online business modules after a disciplinary process run partly by overseas management. He challenged both the substantive basis for treating the failure as dismissible conduct and the fairness of the procedure.
Oranga Tamariki summarily dismissed social worker Bigson Gumbeze after an external investigation into complaints about his supervision, dealings with managers and aspects of his practice. The ERA upheld the dismissal, but he challenged that result afresh in the Employment Court.
Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.
The evidential value and employment-relationship risks of secretly recording workplace meetings or conversations in New Zealand, including disciplinary and grievance situations.
