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Results for disciplinary process

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Daniel Bly v FutureCo Limited [2026] NZERA 269 - dismissal for Instagram posts and Slack messages held unjustified; $15,000 compensation; 6 months' pay less 50% contribution

Daniel Bly was dismissed by FutureCo after Instagram posts and internal Slack messages became the subject of disciplinary allegations. The case tested both the seriousness of the conduct and whether the employer's investigation and dismissal response were proportionate.

Matched passage: ... it deals with (1) extreme additional hours being demanded from a salaried employee, (2) a disciplinary process driven by social media posts and internal messages, and (3) remedies including compensation, leave arrears, and lost remuneration with a significant contribution ...
Adarsh Chand v Professional Stylish Barber Shop Limited [2026] NZERA 244 - unjustified constructive dismissal after unjustified warnings; $12,000 compensation + $14,560 reimbursement

Adarsh Chand resigned from Professional Stylish Barber Shop after disciplinary warnings and employment treatment he said had destroyed the relationship. The ERA examined whether the warning was substantively and procedurally justified and whether the resulting resignation was caused by the employer's breaches.

Matched passage: The Authority found there was effectively no disciplinary process before this warning was issued: the allegations were not fairly put to Mr Chand, there was no investigation, and there was no opportunity for him to respond or have representation.
FVG v YJN [2026] NZERA 242 - suspension and dismissal unjustified; remedies reduced 30% for contribution

FVG, a structural engineer, challenged her suspension, the handling of bullying and performance concerns, and her eventual dismissal by YJN. The case required the ERA to separate several disadvantage allegations from the fairness of the final dismissal process.

Matched passage: Suspension grievance As FVG is found to be unjustifiably dismissed, the unjustified disadvantage grievance regarding the investigation and disciplinary process leading to dismissal have already been covered.
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.

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