Mr Blignaut challenged Waste Management's treatment of him during a workplace conflict, including alleged bullying, suspension and pressure to resign, before he was ultimately dismissed for alleged serious misconduct. The ERA considered both the pre-dismissal disadvantage claims and the termination itself.
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Results for serious misconduct
OCO resigned after being suspended and put through a disciplinary process by ZUA. The case centred on whether the suspension and investigation were fair and whether the employer's cumulative conduct was serious enough to make the resignation a constructive dismissal.
Lindisfarne College dismissed long-serving IT manager Kevin Whelan after a serious comment to students while showing CCTV footage of an accident. Although the misconduct could justify dismissal, the College paid four weeks in lieu rather than complying with the collective agreement's one-month notice mechanism or properly invoking instant dismissal.
Daniel Bly was dismissed by FutureCo after Instagram posts and internal Slack messages became the subject of disciplinary allegations. The case tested both the seriousness of the conduct and whether the employer's investigation and dismissal response were proportionate.
PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.
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.
Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.
LGY sought interim reinstatement after being dismissed by a school board while the substantive personal grievance remained unresolved. The Board relied on serious allegations and workplace concerns, while LGY argued there was a strong arguable dismissal case and that reinstatement could operate pending a final hearing.
