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Results for disciplinary process

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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.
Good faith in New Zealand employment law - what section 4 requires

A practical explanation of the statutory duty of good faith in s 4 of the Employment Relations Act, including active and constructive conduct, responsiveness, communication and disclosure before adverse decisions.

Matched passage: This duty commonly matters in disciplinary processes, restructuring and redundancy proposals, and other decisions that may end employment.
EMA's case for regulating employment advocates is not evidence-led

A critique of the Employers and Manufacturers Association case for new regulation of employment advocates, focusing on whether the publicly identified evidence demonstrates widespread advocate-specific consumer harm.

Matched passage: Advocates usually become involved after a dismissal, disciplinary process, restructuring, suspension, wage issue, consultation dispute or other employment problem has already arisen.
No Win No Fee Employment Lawyer NZ | Personal Grievance & Dismissal Help

Employee-side no-win-no-fee employment advocacy for suitable personal-grievance, dismissal and redundancy cases, including mediation and ERA representation where the case meets the acceptance criteria.

Matched passage: ... no win no fee employment lawyer? If you have been dismissed, made redundant, put through a disciplinary process or treated unfairly at work, you may be looking for an employment lawyer on a no win no fee basis because paying substantial professional fees upfront is difficult ...
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.
Employment Services Limited v Resink [2026] NZEmpC 186 - constructive dismissal upheld

Employment Services pursued serious-misconduct allegations without adequately identifying them or providing requested information. Its unagreed visit to Frank Resink's home to recover a company vehicle became the last straw in continuing breaches of good faith.

Matched passage: A disciplinary process does not become fair merely because the concerns are labelled serious.

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