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Results for workplace investigation

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Disciplinary meetings: employee rights and common employer mistakes

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.

Matched passage: Read our full article: Download File: Disciplinary Meeting NZ Read more @* TODO Workplace investigations *@ Responding to a personal grievance Unfair dismissal Employer advice The fastest way is to submit the case form with a short timeline and key documents.
Constructive dismissal: when resignation becomes an unfair dismissal personal grievance

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.

Matched passage: Employee Case Form Dismissal and resignation Whether it is a disciplinary meeting, a workplace investigation, or a performance issue, a common scenario is the employer proposing termination and then offering a resignation instead.
LMN v STC [2026] NZEmpC 137 - unauthorised reference checks and medical leave caused unjustified disadvantage

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.

Matched passage: Why this case matters The case gives practical content to the boundary between recruitment information and later workplace investigations.
Disciplinary Meetings and Investigations
7 articles

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.

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Suspension at work and when it becomes a Personal Grievance (NZ)

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.

Matched passage: Integrity of investigation: credible risk the employee will influence witnesses, destroy evidence, or interfere with the process.
Aaron Potter v Talley's Limited [2026] NZERA 412 - flawed HSR election disciplinary process and unjustified dismissal

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.

Matched passage: ... circumstances. To establish a fair process, Talley's needed to show that it had properly investigated the concerns, set them out clearly with relevant information, given Mr Potter a reasonable opportunity to respond, and considered his responses before deciding what happened ...
Clive Bryham v Electrix Limited (trading as Omexom New Zealand) [2026] NZERA 147 - interim reinstatement granted; arguable unjustified dismissal where employer alleged reputational harm without evidence

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.

Matched passage: It decided whether the employee should be temporarily put back into his role while the unjustified dismissal and disadvantage claims are investigated.
DRUMMOND v THE VICE-CHANCELLOR OF MASSEY UNIVERSITY [2025] NZERA 82 - 90-day limit: warning grievance in time, earlier claims out

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.

Matched passage: ... DRUMMOND v THE VICE-CHANCELLOR OF MASSEY UNIVERSITY Authority member: Kerry Anne Gloede Investigation meeting: 10 October 2024 (Auckland) Determination date: 17 February 2025 Outcome: Determination issued (procedural and/or costs issues); see decision for detail. Story in ...

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