Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.
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Fire and Emergency New Zealand investigated complaints involving firefighter Russell Kinzett and two other firefighters before summarily dismissing him. Mr Kinzett challenged both the investigation process and the dismissal, and was later interim-reinstated.
An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
Personal Grievance (PG)
TopicA Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.
A practical guide to an Employment Relations Authority investigation: filing, case management, witness statements, evidence, the investigation meeting, remedies, costs and preparation.
Constructive Dismissal
TopicA constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
The evidential value and employment-relationship risks of secretly recording workplace meetings or conversations in New Zealand, including disciplinary and grievance situations.
Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.
