Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Results for workplace investigation
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.
Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.
Suspension is a serious step, not a punishment. An employer ordinarily needs a proper reason and fair process, and the suspension should last no longer than reasonably necessary for the investigation or risk being managed.
The Employment Relations Authority (ERA) decides employment disputes when they cannot be resolved through negotiation or MBIE mediation. The ERA runs an investigation meeting process and issues binding determinations, including remedies, penalties, and costs.
Workplace bullying is repeated and unreasonable behaviour that can cause physical or psychological harm. Employees can document the conduct, use internal complaint processes and challenge an inadequate or retaliatory employer response where the legal tests are met.
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.
A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
Unjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.
