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Results for dismissal process

Showing 25-32 of 270 results
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: Election processes need safeguards: if voting is meant to be confidential, the process must be designed and communicated so confidentiality is actually protected.
MON v ALLIED AUTO PARTS LIMITED [2025] NZERA 590 - dismissal by text unjustified; no contribution

Allied Auto Parts dismissed Mr Mon by text message and required him to work out two weeks' notice. The employer later relied on concerns about working from home and other matters, but no proper disciplinary or dismissal process had been carried out.

Matched passage: At a glance Citation: [2025] NZERA 590 Registry: Wellington Parties: MON v ALLIED AUTO PARTS LIMITED Authority member: Claire English Hearing date: 4 February 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).
RYDER v LEOPARD LIME LIMITED [2025] NZERA 266 - employer ended employment; dismissal unjustified

Mr Ryder's employment with Leopard Lime ended after an exchange in early November 2022 in which the employer maintained that he had not been dismissed. The case turned on what the communications objectively meant and whether any fair dismissal process had occurred.

Matched passage: At a glance Citation: [2025] NZERA 266 Registry: Wellington Parties: RYDER v LEOPARD LIME LIMITED Authority member: Shane Kinley Hearing date: 18 March 2025 Determination date: 13 May 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
SWENSON v AKITIO TRUCKING LIMITED [2025] NZERA 214 - unjustified dismissal with contribution reduction

Akitio Trucking dismissed Mr Swenson after concluding he punched another driver. He argued the employer had failed to deal with earlier theft allegations and that its investigation and dismissal process were unjustified.

Matched passage: ... date: 16 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues. Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues. In summary, On 21 December 2022, he was dismissed as Akitio reached ...
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: Contribution can reduce remedies: the ERA may reduce remedies where the employee's own actions materially contributed to the situation, even if the employer's dismissal process was unjustified.
Melissa Williams v S & M Haulage Limited (t/a Johnson Log Haulage) [2026] NZERA 74 - truck driver dismissed after one day; no valid 90-day trial clause; unjustified dismissal on process; remedies reduced for contribution

Melissa Williams was dismissed after a single day driving for S & M Haulage, which believed a 90-day trial applied and had genuine safety and resourcing concerns about her readiness for the role. The ERA examined whether there was a valid trial clause and whether she was given any chance to respond before termination.

Matched passage: pdf"; } Melissa Williams v S & M Haulage Limited (t/a Johnson Log Haulage) [2026] NZERA 74 A short-employment dismissal case where the employer tried to rely on a 90-day trial clause that the Authority found was not in the signed agreement.
PARKER-JONES v GPC ASIA PACIFIC LIMITED [2025] NZERA 571 - abandonment process unfair; dismissal unjustified

GPC treated Ms Parker-Jones as having abandoned her employment after a period involving significant medical issues and absence. The ERA examined whether the employer had enough information and followed a fair process before treating the relationship as ended.

Matched passage: ... 2025 (by AVL) (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues. Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues. In summary, Non-publication orders [3] Following the investigation ...
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: After that, Together with aggravating features like Ms Johnstone attempting to shift blame to her co-worker, the incident justified her summary dismissal, despite her otherwise unblemished 21 years' service with it.

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