PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.
Search Employment Law
Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for serious misconduct
Tasman Rugby Union dismissed chief executive Steven Mitchell after an organisational review became intertwined with later misconduct allegations. He sought interim reinstatement, arguing the process appeared predetermined and that his substantive dismissal grievance had real strength.
Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.
LGY sought interim reinstatement after being dismissed by a school board while the substantive personal grievance remained unresolved. The Board relied on serious allegations and workplace concerns, while LGY argued there was a strong arguable dismissal case and that reinstatement could operate pending a final hearing.
Packaging operator Arnold Putt challenged disciplinary action by George Weston Foods after a confrontation with his production manager about task priorities. The ERA examined both the basis for a final written warning and whether shortcomings in the way the process was communicated caused a separate disadvantage.
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.
Mr Raina faced disciplinary action by Hall's Refrigerated Transport, including a meeting invitation that did not tell him he could bring a support person and a generic warning that dismissal was possible. The case concerned both disadvantage during the process and the justification for the eventual termination.
Employer guide to disciplinary investigations: framing allegations, preserving evidence, interviewing witnesses, disclosure, representation and keeping the investigation separate from the final disciplinary decision.
