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Results for unfair dismissal

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Employment Relations Authority NZ: ERA Investigation Meeting Guide

A practical guide to an Employment Relations Authority investigation: filing, case management, witness statements, evidence, the investigation meeting, remedies, costs and preparation.

Matched passage: Common ERA claims include unjustified dismissal , unjustified disadvantage , unpaid wages or holiday pay, breaches of employment agreements, compliance issues, penalties and other employment relationship problems.
Recurring problems that come up in ERA cases

Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.

Matched passage: " This one turns up whenever there were meetings, warnings, investigations, or a dismissal process with defects.
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: Employment Relations Act 2000, s 103A - the response should answer the statutory test If the grievance alleges unjustified dismissal or unjustified disadvantage, the employer's response should be organised around s 103A.
Disciplinary Investigations for Employers NZ | Misconduct and Complaints

Employer guide to disciplinary investigations: framing allegations, preserving evidence, interviewing witnesses, disclosure, representation and keeping the investigation separate from the final disciplinary decision.

Matched passage: The case supports the employer argument that not every alleged defect is fatal where the investigation was sufficient and any defects did not cause real unfairness.
Workplace investigations in New Zealand: what "fair and reasonable" looks like

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.

Matched passage: Personal grievances and the objective test (ss 103 and 103A) Most investigation disputes show up as personal grievances for unjustified dismissal, or unjustified disadvantage.

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