How procedural errors in disciplinary investigation led to substantial payout

12 Apr 2025

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The Employment Relations Authority (ERA) recently dealt with a case involving a worker who was summarily dismissed for alleged serious misconduct after more than five years of employment.

The worker challenged both the substance of the allegations and the fairness of the process that led to her dismissal.

She argued that her employer failed to provide her with sufficient information to properly respond to allegations, placed unreasonable weight on preliminary responses rather than her more considered explanations, and escalated minor recording issues to serious misconduct without proper investigation. She also contended that her dismissal was disproportionate in the circumstances.

The case highlights considerations regarding workplace investigations, disciplinary procedures, and the requirements for a justified dismissal under New Zealand employment law.

Proper dismissal procedures under scrutiny

The worker had been employed by The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated (RSPCA) as a kennel coordinator. After being promoted to a team leader position on a fixed-term basis, she took a dog home in a fostering arrangement. When the dog was returned in early January 2023, it had failed to put on required weight, leading to her first disciplinary issue.

In February 2023, after a disciplinary process, the worker received a formal written...

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