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.
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Results for dismissal process
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.
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.
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.
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.
Aaron Potter was disciplined and dismissed by Talley's after disputes surrounding a health and safety representative election and communications involving other employees. The case focused on whether Talley's properly investigated the competing accounts and relevant messages before deciding serious misconduct was established.
MON v ALLIED AUTO PARTS LIMITED [2025] NZERA 590 - dismissal by text unjustified; no contribution
CaseAllied Auto Parts dismissed Mr Mon by text message and required him to work out two weeks' notice. The employer later relied on concerns about working from home and other matters, but no proper disciplinary or dismissal process had been carried out.
RYDER v LEOPARD LIME LIMITED [2025] NZERA 266 - employer ended employment; dismissal unjustified
CaseMr Ryder's employment with Leopard Lime ended after an exchange in early November 2022 in which the employer maintained that he had not been dismissed. The case turned on what the communications objectively meant and whether any fair dismissal process had occurred.
