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Results for serious misconduct

Showing 9-16 of 19 results
Workplace investigations in New Zealand: what "fair and reasonable" looks like

What a fair workplace investigation looks like in New Zealand: clear allegations, relevant evidence, impartial fact-finding, disclosure, a meaningful response opportunity and rational conclusions.

Matched passage: Key cases and why this matters O'Boyle and Cowan : serious misconduct assessments are not the same as proving a dismissal in court.
Suspension at work and when it becomes a Personal Grievance (NZ)

When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.

Matched passage: Suspension is one of the most common "process" steps employers take during misconduct investigations.
Menzies v Corrigan [2025] NZEmpC 186 - employment advocate and employment lawyer conduct

Menzies v Corrigan concerned an ERA compliance order that required a company director personally to take steps to fund a liquidated employer so grievance remedies could be paid. The challenge raised questions about s 137(2), separate corporate personality and the reach of compliance jurisdiction.

Matched passage: My position was therefore straightforward: I was representing my client, acting on his instructions and seeking documents we considered relevant to serious allegations being made against him.
Constructive dismissal: when resignation becomes an unfair dismissal personal grievance

Constructive dismissal claims arise when an employee resigns because of sufficiently serious employer conduct. This guide explains the legal tests, evidence to preserve, and why resigning too quickly can weaken a good case.

Matched passage: Employee Case Form Dismissal and resignation Whether it is a disciplinary meeting, a workplace investigation, or a performance issue, a common scenario is the employer proposing termination and then offering a resignation instead.
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: My position was that the figures required careful accounting analysis before serious conclusions were drawn from them.

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