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.
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Results for performance improvement plan
A practical employer guide to misconduct, warnings and dismissal: allegation letters, meetings, decision-making, proportionality and the procedural requirements in s 103A.
What a fair workplace investigation looks like in New Zealand: clear allegations, relevant evidence, impartial fact-finding, disclosure, a meaningful response opportunity and rational conclusions.
Personal Grievance (PG)
TopicA Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.
An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point. Medical information, prognosis, reasonable time, alternatives and a fair process all matter.
People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.
Casual Employment
TopicCasual employees have the same rights as permanent employees. The Employment Relations Act 2000 does not distinguish a casual employee from a permanent employee which can cause confusion.
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.
