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Results for serious misconduct

Showing 25-32 of 75 results
Arnold Putt v George Weston Foods [2026] NZERA 179 - misconduct, performance; what the ERA decided and what was ordered

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.

Matched passage: It accepted that GWF was entitled to treat repeated abusive language directed at a manager, together with failure to wear required safety gear, as serious misconduct.
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: After meetings and correspondence, Omexom formed a preliminary view that his failures amounted to serious misconduct and that summary dismissal was proposed.
RAINA v HALL'S REFRIGERATED TRANSPORT LIMITED [2025] NZERA 469 - disciplinary process and dismissal procedurally unfair

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.

Matched passage: After that, Disciplinary process [24] On the morning of 30 August 2024, Mr Cals gave Mr Raina a letter raising the incident of mobile phone usage whilst driving.
Yucen Xi v Silvertime Trading Limited [2026] NZERA 580 - resign or be fired ultimatum was unjustified dismissal

Silvertime's store manager summoned Yucen Xi to an evening meeting without explaining its purpose, told her to resign or be fired, demanded her key and called security before any allegations had been fairly raised with her.

Matched passage: Ms Xi was not dismissed for proven serious misconduct, and no evidence established blameworthy behaviour contributing to the dismissal.
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: ... Employment Court outcome: FENZ's challenge succeeded; dismissal held justified Key issue: serious misconduct, trust and confidence, and the significance of not suspending an employee What the Authority had decided Mr Kinzett was a long-serving firefighter. An external ...
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: Giving the code was unusual and improper, but on its own did not amount to serious misconduct in all the circumstances.
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: ... taunting and offending each other, the other driver treating the alleged threat as unserious, and Mr Afimeimounga ending the conversation by wishing him and his family well. A fair and reasonable employer could not treat that full exchange as serious misconduct ...
OAS v JIK Limited [2026] NZERA 474 - employee dismissed after seeking family violence leave

Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.

Matched passage: Its conduct was not found to be serious, sustained and deliberate, or intended to undermine the employment relationship.

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