Veolia dismissed Mr Trail after a series of workplace outbursts, having previously issued a warning and then relied on later complaints. The ERA examined whether the proven conduct and disciplinary history could reasonably justify dismissal.
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Results for disciplinary process
Fire and Emergency New Zealand investigated complaints involving firefighter Russell Kinzett and two other firefighters before summarily dismissing him. Mr Kinzett challenged both the investigation process and the dismissal, and was later interim-reinstated.
MON v ALLIED AUTO PARTS LIMITED [2025] NZERA 590 - dismissal by text unjustified; no contribution
CaseAllied Auto Parts dismissed Mr Mon by text message and required him to work out two weeks' notice. The employer later relied on concerns about working from home and other matters, but no proper disciplinary or dismissal process had been carried out.
Roseanne Sheridan developed PTSD after a serious threat from a resident at work and was dismissed for medical incapacity about six months later. Specialist ACC information and rehabilitation planning were still developing, and a return-to-work process had not been completed.
Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.
Alert Monitoring dismissed Carl Sinclair-Walker for alleged serious misconduct after raising three concerns about his work performance. The ERA examined whether those concerns and the process used could justify immediate termination.
Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.
Apprentice builder Nicholas Stalker experienced repeated late and missing wage payments before being dismissed by text for alleged performance and misconduct without prior warnings, investigation or an opportunity to respond. The ERA upheld unjustified dismissal and disadvantage claims and ordered compensation, 13 weeks' lost wages, substantial arrears, notice pay, holiday pay, a penalty and costs.
