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Results for disciplinary process

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TRAIL v VEOLIA WATER SERVICES LIMITED [2025] NZERA 353 - dismissal for workplace outbursts still unjustified

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.

Matched passage: The Authority notes that In this case it is accepted that Mr Trail was dismissed by Veolia - Veolia gave Mr Trail notice of termination on 7 September 2023, after completing a disciplinary process.
KINZETT v FIRE AND EMERGENCY NEW ZEALAND [2025] NZERA 132 - dismissal unjustified; investigation disadvantages justified

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.

Matched passage: The report led to disciplinary action against Mr Kinzett, ultimately resulting in his summary dismissal on 6 May 2024.
Sheridan v Pact Group [2026] NZEmpC 51 - medical incapacity dismissal overturned

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.

Matched passage: The employer initially raised disciplinary concerns about her handling of the incident, but the employment process later shifted to possible termination for medical incapacity.
Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

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.

Matched passage: The agreement provided for four weeks notice of termination, except where employment was terminated without notice for serious misconduct.
Sinclair-Walker v Alert Monitoring Otago (1994) Limited [2026] NZERA 29 - unjustified dismissal; $25,000 compensation and $16,900 lost remuneration

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.

Matched passage: Story in plain English Mr Sinclair-Walker was dismissed for alleged serious misconduct after performance concerns were raised.
James Honotapu v Atlas Fibrous Plaster Company Limited [2026] NZERA 587 - absenteeism dismissal followed an unfair process

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.

Matched passage: The Employment Relations Authority found the process unjustified and reduced remedies by 50 percent for his substantial contribution.
Nicholas Stalker v Elevate Builders Limited [2026] NZERA 659 - apprentice dismissed by text after repeated wage problems

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.

Matched passage: After months of irregular and missing wage payments, he was dismissed by text message for alleged performance and misconduct issues that had not previously been put to him.

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