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Results for dismissal process

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FVG v YJN [2026] NZERA 242 - suspension and dismissal unjustified; remedies reduced 30% for contribution

FVG, a structural engineer, challenged her suspension, the handling of bullying and performance concerns, and her eventual dismissal by YJN. The case required the ERA to separate several disadvantage allegations from the fairness of the final dismissal process.

Matched passage: Suspension grievance As FVG is found to be unjustifiably dismissed, the unjustified disadvantage grievance regarding the investigation and disciplinary process leading to dismissal have already been covered.
Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

Matched passage: ... (ERA) determination concerns a long-serving electrician, Brent Colyer, and a disciplinary process run by New Zealand Aluminium Smelters Limited after an isolation breach involving a gantry crane and a related 35-tonne crane. Mr Colyer resigned after receiving a written ...
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: pdf"; } Duane April v Coatrite Fire Limited [2026] NZERA 466 This Employment Relations Authority (ERA) determination concerns Duane April, an industrial/intumescent spray painter who came to New Zealand to work for Coatrite Fire Limited on an accredited employer work visa.
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: The decision by the employer to summarily dismiss Mr Lyons on 23 January 2024 on the grounds of serious misconduct was out of proportion to the allegations made and did not follow the documented the employer process.
Medical incapacity dismissal: fair process and reasonable timeframes

The legal and practical steps before dismissing for medical incapacity, including reliable medical information, consultation, prognosis, reasonable time to recover and consideration of alternatives or rehabilitation.

Matched passage: Medical incapacity dismissals are not "no-fault free passes".
James Honotapu v Atlas Fibrous Plaster Company Limited [2026] NZERA 587 - absenteeism dismissal followed an unfair process

Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.

Matched passage: But it invited him to a meeting without warning that dismissal was possible, then decided during the meeting to end his employment.
Deborah Eyles v Bottlers Limited [2026] NZERA 300 - no redundancy process, unexplained stand down and dismissal; $20,000 compensation ordered

Deborah Eyles was stood down from her supervised-contact work and later dismissed in circumstances the employer characterised as redundancy. She challenged both the unexplained removal from work and the absence of any genuine consultation or fair redundancy process.

Matched passage: The unjustified dismissal finding The ERA found that Mrs Eyles' dismissal was unjustified on both procedural and substantive grounds.

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