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Results for disciplinary process

Showing 25-32 of 97 results
Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified

Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.

Matched passage: The conduct could amount to serious misconduct The Authority did not minimise the safety issue.
Blue Hunt v Lance Wakelin [2026] NZERA 463 - farm assistant unjustifiably dismissed after cowshed dispute

Farm assistant Blue Hunt's employment ended after a cowshed dispute with Lance Wakelin. The case required the ERA to determine who the employer was, whether Mr Hunt had been dismissed and whether any fair process or substantive reason justified the termination.

Matched passage: A heated exchange does not remove the obligation to run a fair disciplinary process before dismissal.
JOHNSTONE v ZXY [2025] NZERA 11 - care worker's summary dismissal unjustified; hindsight undermined the process

A care worker with 21 years' service was summarily dismissed after a resident incident, principally for not calling an ambulance. The ERA examined whether the employer judged her conduct with hindsight and fairly considered what she actually knew, her explanations and gaps in workplace policies and practice.

Matched passage: Disciplinary Process Following further investigation, ZXY wrote to Ms Johnstone in a letter dated 12 May 2023 notifying her of a disciplinary meeting and convening a formal disciplinary meeting to hear her responses to allegations of serious misconduct.
LJB v EBD [2026] NZERA 78 - resigned employee sent home mid-notice with no process; dismissal unjustified; $16,500 compensation plus $9,000 penalties for withheld wages and missing time records

LJB had already resigned and was working out one month's notice when EBD's HR manager called her to a meeting, told her to clear her desk and sent her away before the notice period expired. No allegations or supporting material had been put to her in advance and she had no genuine opportunity to respond.

Matched passage: The Authority found the process failures were complete: No advance notice of a disciplinary meeting or the allegations.
Fire and Emergency New Zealand v Kinzett [2026] NZEmpC 119 - ERA dismissal finding overturned

Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.

Matched passage: The Employment Court treated the case as a serious-misconduct challenge and disagreed with important parts of the Authority's reasoning, including the significance attributed to FENZ having kept Mr Kinzett at work while the investigation and disciplinary process continued.
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.

Matched passage: Cardinal's People and Culture representative then tried to persuade him to take the test and explained the consequences of refusal, including suspension and possible dismissal for serious misconduct.
Lyon Kawhaaru v The Deck Tahuna Limited [2026] NZERA 288 - cafe worker told by email he was 'instant dismissed' after customer incident; unjustified dismissal upheld; remedies reduced 25% for contribution

Lyon Kawhaaru was 'instant dismissed' by email from The Deck Tahuna after a customer incident at the Nelson café. The ERA examined what actually occurred, whether the employer fairly investigated it and how Mr Kawhaaru's own conduct should affect remedies.

Matched passage: The employer said it expected him to contact them to discuss "process" and a meeting.
Yusong Du v Sly House Limited [2025] NZERA 765 - WeChat dismissal and 50% contribution reduction

Sly House sent migrant construction worker Yusong Du a WeChat message saying he was unsuitable because he was too slow and lacked strength, then argued he had abandoned the job. The ERA also considered evidence that he had overstated his prior work experience.

Matched passage: No disciplinary process was followed and the employer did not use the notice or summary-dismissal provisions in the employment agreement.

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