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Disciplinary meetings: employee rights and common employer mistakes

Employee rights at a disciplinary meeting: clear allegations, relevant information, representation, time to prepare, a genuine opportunity to answer and an open-minded decision-maker.

Matched passage: Disciplinary meetings - how to protect yourself (and run a fair process) Disciplinary meetings are one of the most common places employers make mistakes.
Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

Matched passage: Practical takeaways Separate incident investigation from discipline: if an incident review turns into potential misconduct, say so clearly.
OCO v ZUA [2025] NZERA 790 - Constructive dismissal after unfair suspension and defective disciplinary process

OCO resigned after being suspended and put through a disciplinary process by ZUA. The case centred on whether the suspension and investigation were fair and whether the employer's cumulative conduct was serious enough to make the resignation a constructive dismissal.

Matched passage: ZUA then started a disciplinary process against OCO while refusing to identify the complainants or properly set out the allegations.
RAINA v HALL'S REFRIGERATED TRANSPORT LIMITED [2025] NZERA 469 - disciplinary process and dismissal procedurally unfair

Mr Raina faced disciplinary action by Hall's Refrigerated Transport, including a meeting invitation that did not tell him he could bring a support person and a generic warning that dismissal was possible. The case concerned both disadvantage during the process and the justification for the eventual termination.

Matched passage: After that, Disciplinary process [24] On the morning of 30 August 2024, Mr Cals gave Mr Raina a letter raising the incident of mobile phone usage whilst driving.
Dismissal and Disciplinary Process for Employers NZ | Misconduct and Warnings

A practical employer guide to misconduct, warnings and dismissal: allegation letters, meetings, decision-making, proportionality and the procedural requirements in s 103A.

Matched passage: ... employee; advising whether suspension is available and how to consult about it; preparing disciplinary meeting questions; reviewing the employee's explanation; drafting warning, final warning, or dismissal outcome letters; preparing responses to Personal Grievances; and ...
Disciplinary Meetings and Investigations
7 articles

Facing a disciplinary meeting or misconduct allegation? The employer should investigate properly, identify the allegations and evidence, give a genuine opportunity to respond, and keep an open mind before deciding on a warning or dismissal.

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David Turner v Big B Cartage Limited [2026] NZERA 581 - seven-minute disciplinary meeting led to unjustified dismissal

Big B Cartage dismissed truck driver David Turner for serious misconduct after a seven-minute meeting without identifying the allegations or disclosing the text message relied on. The ERA found the dismissal unjustified and awarded $9,750 compensation after a 25 percent contribution reduction.

Matched passage: pdf"; } David Turner v Big B Cartage Limited [2026] NZERA 581 Big B Cartage called truck driver David Turner to a disciplinary meeting without first identifying the allegations or disclosing the text message on which it relied.

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