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JAYALATH v INFOSYS LIMITED [2025] NZERA 539 - dismissal over mandatory training modules unjustified

Infosys 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.

Matched passage: After that, Disciplinary meetings [16] On 27 March 2024 Mr Jayalath received a call from Infosys management based in Australia to attend a meeting on the following day to discuss an allegation of breach of conduct.
Gumbeze v Chief Executive of Oranga Tamariki [2024] NZEmpC 133 - serious misconduct finding overturned

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.

Matched passage: UrlEncode(judgmentUrl); } Gumbeze v Chief Executive of Oranga Tamariki [2024] NZEmpC 133 - serious misconduct finding overturned Bigson Gumbeze lost his unjustified-dismissal claim in the Employment Relations Authority but succeeded on a de novo challenge.
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

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.

Matched passage: The letter said he was suspended from work without pay from 29 May 2025 pending disciplinary action.
Mandeep Singh v PR Kahlon Limited and Satpal Singh [2026] NZERA 521 - performance dismissal failed because employee was not fairly heard

PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.

Matched passage: But it knew English was a serious communication barrier, used English for critical disciplinary communications despite both men speaking Punjabi, and did not clearly tell Mr Singh what further response or improvement plan it expected before dismissal.
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: The Authority treated that verbal warning as a disciplinary sanction.
Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified

Ilalio Solomona was dismissed by Auckland Council after conflict-of-interest concerns about his outside personal-training business. Although his employment obligations could legitimately restrict outside activity, the disciplinary process did not put the contractual obligations actually relied on to him for response.

Matched passage: Important factual finding: the Council's evidence was that the videos had been discovered at least 12 months before disciplinary action began and Mr Solomona had been spoken to about them around that time.
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: The disciplinary procedure was not followed Mr Huntley-Byrne's employment agreement allowed termination without notice for serious misconduct only after a fair process.
Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.

Matched passage: No proper consideration of alternatives to dismissal PNF dismissed Mr Nunn summarily for serious misconduct on 12 June 2024.

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