JIK's witnesses said OAS had a poor attendance record and that absences had caused difficulty, although no disciplinary action had been taken about those issues before the employment ended.
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Results for disciplinary
... remote support from his father, the decision maker did not attend the disciplinary meeting, and the final dismissal decision was inconsistent with the meeting ending on the basis the parties could work to get things ...
A heated exchange does not remove the obligation to run a fair disciplinary process before dismissal.
Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified
CaseThe Authority also found that Council management likely knew of his personal-training business well before it was eventually raised as a disciplinary matter.
Why this case matters The determination is a significant reminder that protection for union activity applies to more than formal disciplinary decisions or overt dismissal threats.
It cannot say it is not re-litigating the criminal case while reaching disciplinary conclusions that depend on rejecting the criminal court's findings.
Because the redundancy situation itself was genuine, the Authority considered lost wages were not usually awarded in the same way they may be after a disciplinary dismissal.
A short dismissal meeting and a final email are not a disciplinary process.
