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.
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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.
Mr Callen's unjustified-dismissal grievance against Alaron Products was not formally filed in the Authority until after the ordinary 90-day raising period had become an issue. The case addressed whether the grievance could nevertheless proceed and what remedies followed from the dismissal claim.
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.
A group of MPI employees sought to pursue claims arising from roster and restructure changes despite earlier litigation and a mediated settlement. The preliminary determination addressed whether the claims were barred by the certified settlement, estoppel or the Authority's jurisdiction.
Employer-side help for personal grievances, disciplinary problems, redundancy, mediation and ERA claims, with an emphasis on fixing process risks early and preserving evidence before positions harden.
Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.
An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
