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Results for disciplinary process

Showing 41-48 of 138 results
Yusong Du v Sly House Limited [2025] NZERA 765 - WeChat dismissal and 50% contribution reduction

Sly House sent migrant construction worker Yusong Du a WeChat message saying he was unsuitable because he was too slow and lacked strength, then argued he had abandoned the job. The ERA also considered evidence that he had overstated his prior work experience.

Matched passage: No disciplinary process was followed and the employer did not use the notice or summary-dismissal provisions in the employment agreement.
Jacob Maarschalk v West Auckland Trust Services Limited [2024] NZERA 333 - Unjustified disadvantage found over rostering changes and flawed final written warning; $8,500 ordered

Jacob Maarschalk was contracted for 25 hours a week but was regularly rostered for substantially more at West Auckland Trust Services. The dispute concerned later roster changes and a final written warning, including whether he was given a fair opportunity to comment before those decisions affected his employment.

Matched passage: The Trusts moved from an 'informal' meeting to a formal disciplinary meeting and then issued a first and final written warning on 3 April 2023.
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: It should confirm receipt, reserve rights, ask for clarification where needed, preserve limitation arguments, avoid unnecessary admissions, and set out a fair proposed process.
Urgent Employment Law Advice for Employers NZ | Dismissal and Suspension

Urgent employer guidance for situations where dismissal or suspension is being considered and an immediate decision could create a personal grievance or destroy useful evidence.

Matched passage: Related employer help pages These pages may also assist: Dismissal and disciplinary process for employers NZ - before sending a warning, outcome letter, or dismissal letter.
Eric Paul Tillocksingh v Driver Employment Limited [2026] NZERA 663 - resign or be dismissed ultimatum was an unjustified dismissal

After a customer complaint, truck driver Eric Tillocksingh was called into meetings without advance written allegations or warning that dismissal was possible. The ERA preferred his evidence that he was told to resign or be dismissed, found the process fundamentally unfair, and awarded $15,000 compensation plus $17,448.75 lost remuneration.

Matched passage: A fair disciplinary process requires clear allegations, notice of the possible consequences and a genuine opportunity to respond before a decision is made.
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: The ERA accepted that Dallison had workplace concerns, but found the dismissal unjustified because it did not run a fair disciplinary process before ending his employment.
Fiona Scott v Ritchies Transport Holdings Limited [2026] NZERA 342 - casual bus driver found to be permanent and unjustifiably dismissed

Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.

Matched passage: The first written warning was upheld Ms Scott attended the disciplinary meeting with her union representative and responded to the allegations.
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: The delay was significant and inconsistent with the collective agreement provisions requiring disciplinary processes to seek to maintain the dignity and mana of the principal.

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