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Results for disciplinary process

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Recurring problems that come up in ERA cases

Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.

Matched passage: The Authority's process depends on basic disclosure discipline: documents should be exchanged as they are provided to the Authority.
Election 2026: Labour and Opportunity Asked About the 2026 Employment Law Changes

Ahead of the 2026 election, Labour and Opportunity were asked to state their positions on the recent Employment Relations Act changes, including contribution, remedies and employee access to justice.

Matched passage: The Authority held the new regime applied but did not make final contribution or serious-misconduct findings on evidence that had not yet been fully tested.
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 can also feed a dismissal claim (and sometimes a constructive dismissal) If the employer later dismisses, an unjustified suspension can become part of the overall process and can support a finding that the dismissal itself was unjustified.
Contribution after the Employment Relations Amendment Act 2026: expect strict interpretation, not a free pass

Analysis of the 2026 contribution changes and the continuing need to prove blameworthy employee conduct that contributed to the situation giving rise to the grievance before remedies are reduced or removed.

Matched passage: ... 21 February 2026) add two new "switches" before the reduction question even starts: Serious misconduct contribution (new s 123B): if an employee action contributed to the situation giving rise to the PG, and that action amounts to serious misconduct, then no remedy is ...
Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: Remedies: contribution and "serious misconduct" The amendments strengthen the effect of "contribution" by the employee.

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