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Results for serious misconduct

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Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: It can become a remedy killer in a Personal Grievance (PG) if the employee's actions are found to be serious misconduct and contributed to the situation.
Contribution after the Employment Relations Amendment Act 2026: expect strict interpretation, not a free pass

Analysis of the 2026 contribution changes and the continuing need to prove blameworthy employee conduct that contributed to the situation giving rise to the grievance before remedies are reduced or removed.

Matched passage: ... 21 February 2026) add two new "switches" before the reduction question even starts: Serious misconduct contribution (new s 123B): if an employee action contributed to the situation giving rise to the PG, and that action amounts to serious misconduct, then no remedy is ...
Christmas party misconduct: when employers can discipline or dismiss

Employment-law lessons from misconduct at Christmas parties and other work functions, including alcohol, off-duty conduct, investigations and when discipline or dismissal may be justified.

Matched passage: Christmas parties and misconduct - employer process still applies Out-of-hours conduct can still become an employment issue when it affects the employment relationship.
Disciplinary Investigations for Employers NZ | Misconduct and Complaints

Employer guide to disciplinary investigations: framing allegations, preserving evidence, interviewing witnesses, disclosure, representation and keeping the investigation separate from the final disciplinary decision.

Matched passage: A serious complaint involving bullying, harassment, violence, dishonesty, safety, or potential dismissal may need a much more careful process.
Election 2026: Labour and Opportunity Asked About the 2026 Employment Law Changes

Ahead of the 2026 election, Labour and Opportunity were asked to state their positions on the recent Employment Relations Act changes, including contribution, remedies and employee access to justice.

Matched passage: Doyle v New Zealand Steel Ltd [2026] NZERA 536 Doyle demonstrates that contribution and serious misconduct are not the same question.
Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: Remedies: contribution and "serious misconduct" The amendments strengthen the effect of "contribution" by the employee.
Employment Law Help for Employers NZ | Staff Disputes, PGs and ERA Claims

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.

Matched passage: Urgent advice: dealing with serious misconduct, employees walking out, drugs and alcohol issues, bullying complaints, stress leave, and immediate operational problems.

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