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Results for serious misconduct

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Election 2026: Labour and Opportunity Asked About the 2026 Employment Law Changes

Ahead of the 2026 election, Labour and Opportunity were asked to state their positions on the recent Employment Relations Act changes, including contribution, remedies and employee access to justice.

Matched passage: Doyle v New Zealand Steel Ltd [2026] NZERA 536 Doyle demonstrates that contribution and serious misconduct are not the same question.
Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: Remedies: contribution and "serious misconduct" The amendments strengthen the effect of "contribution" by the employee.
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.
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: The disciplinary allegations leading to dismissal In early May 2024, Coatrite invited Mr April to a disciplinary meeting concerning alleged serious misconduct.

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