Employee rights at a disciplinary meeting: clear allegations, relevant information, representation, time to prepare, a genuine opportunity to answer and an open-minded decision-maker.
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Results for workplace investigation
Constructive dismissal claims arise when an employee resigns because of sufficiently serious employer conduct. This guide explains the legal tests, evidence to preserve, and why resigning too quickly can weaken a good case.
The Employment Court found two unjustified disadvantages in a long-running school employment dispute: former employers listed on LMN's CV were contacted without authority while her grievances were being investigated, and medical certificates were not properly recognised when dealing with her leave. Most of LMN's wider claims failed.
Facing a disciplinary meeting or misconduct allegation? The employer should investigate properly, identify the allegations and evidence, give a genuine opportunity to respond, and keep an open mind before deciding on a warning or dismissal.
When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.
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.
Clive Bryham, a long-serving field operations manager, was dismissed after Omexom alleged he mishandled an 'illegal connection' incident involving a direct report and exposed the business to reputational risk with a key client. He sought interim reinstatement pending final determination of his dismissal and disadvantage grievances.
Jackson Drummond sought to pursue a series of disadvantage, discrimination and good-faith complaints against Massey University, some dating back many months before his December 2023 grievance letter. The preliminary issue was which claims had actually been raised within the statutory 90-day period.
