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Results for disciplinary process

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FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension

Auckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.

Matched passage: The later dismissal was justified The Authority examined the wider disciplinary process separately.
Juliet Hull v Sleaktek Limited and Robert Lawrence [2026] NZERA 579 - CEO wins dismissal and disadvantage claims

Sleaktek stopped paying chief executive Juliet Hull, pursued a redundancy process she said was predetermined and later raised serious-misconduct allegations that had not been fairly put to her. The case also concerned director Robert Lawrence's personal involvement.

Matched passage: More fundamentally, none of the supposed misconduct was properly particularised and put to Ms Hull before dismissal.
Steven David Mitchell v Tasman Rugby Union Incorporated [2026] NZERA 435 - CEO returned to payroll on interim reinstatement

Tasman Rugby Union dismissed chief executive Steven Mitchell after an organisational review became intertwined with later misconduct allegations. He sought interim reinstatement, arguing the process appeared predetermined and that his substantive dismissal grievance had real strength.

Matched passage: It found that the review, the later disciplinary process and the material before the Board gave Mr Mitchell a strongly arguable case that adverse and personalised views had formed before the process was completed.
LYONS v ROTORUA LAKES COUNCIL [2025] NZERA 467 - summary dismissal disproportionate; 100% contribution to compensation

Rotorua Lakes Council summarily dismissed recreation planner Richard Lyons after repeated absences and failures to communicate. Its own code classified the conduct as misconduct subject to a progressive warning process, rather than serious misconduct warranting immediate dismissal.

Matched passage: Failing to report by telephone to your supervisor [41] Despite the alleged breaches being listed as misconduct under the code of conduct, the employer decided to summarily dismiss Mr Lyons for serious misconduct based on a breach of trust and confidence.
David Turner v Big B Cartage Limited [2026] NZERA 581 - seven-minute disciplinary meeting led to unjustified dismissal

Big B Cartage dismissed truck driver David Turner for serious misconduct after a seven-minute meeting without identifying the allegations or disclosing the text message relied on. The ERA found the dismissal unjustified and awarded $9,750 compensation after a 25 percent contribution reduction.

Matched passage: pdf"; } David Turner v Big B Cartage Limited [2026] NZERA 581 Big B Cartage called truck driver David Turner to a disciplinary meeting without first identifying the allegations or disclosing the text message on which it relied.
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.
BRENNAN v STELLA 2020 LIMITED and Ors [2025] NZERA 449 - dismissal without fair process; compensation and lost wages

Ms Brennan's employment with Stella 2020 ended on 30 July 2024 without a fair disciplinary or dismissal process. The employer did not participate effectively in the ERA investigation, which proceeded on the evidence available to the Authority.

Sirikanya Pankhum v Super Vape Store Limited [2026] NZERA 149 - WhatsApp dismissal during probation, no process; $12,500 compensation, $7,873.92 lost wages, $311.28 holiday pay

Sirikanya Pankhum was working under a six-month probation clause when Super Vape Store ended her employment by WhatsApp. A probationary arrangement did not remove the requirement for the employer to identify concerns, hear her response and use a fair dismissal process.

Matched passage: Key findings in plain English Probation is not a free pass: an employer can dismiss for poor performance, but it must still act fairly and reasonably and follow a fair process.

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