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Results for disciplinary

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Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

TRAIL v VEOLIA WATER SERVICES LIMITED [2025] NZERA 353 - dismissal for workplace outbursts still unjustified

Veolia dismissed Mr Trail after a series of workplace outbursts, having previously issued a warning and then relied on later complaints. The ERA examined whether the proven conduct and disciplinary history could reasonably justify dismissal.

Matched passage: Later, Veolia dealt with these complaints through disciplinary action with Mr Trail and he was given a written warning for the first outburst with Mr Rozitis and then subsequently dismissed for the further outbursts with NSB.
Resink v Employment Services Limited [2025] NZERA 104 - constructive dismissal after continuing good-faith breaches

Employment Services pursued a disciplinary investigation without clearly identifying all allegations or providing requested information. An intimidating visit to recover Frank Resink's company vehicle became the last straw in continuing breaches of good faith.

Matched passage: 08 gross Compensation: $15,000 Contribution: no reduction Costs: reserved An unclear disciplinary investigation Mr Resink had worked for the labour-hire business for approximately two years.
Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: ... significant risk or harm But do not lazily assume that every bad day at work is serious misconduct. One-off rudeness, swearing, or an argument can be misconduct without crossing the serious threshold. Context is everything. How advocates should classify misconduct - a ...
Christmas party misconduct: when employers can discipline or dismiss

Employment-law lessons from misconduct at Christmas parties and other work functions, including alcohol, off-duty conduct, investigations and when discipline or dismissal may be justified.

Matched passage: Christmas parties and misconduct - employer process still applies Out-of-hours conduct can still become an employment issue when it affects the employment relationship.
Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: 22 April 2024: dismissal for serious misconduct without a real investigation Five days later, on 22 April 2024, Mr Smith called Mr Pilcher.

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