28/10/2026
Dismissals can still go wrong, even when the conduct is serious.
The Employment Court recently found that an employee was unjustifiably dismissed, even though the employer had good reason to be concerned. The court still found the dismissal unjustified because the process behind it fell short.
The reason was the employer’s process. Witness accounts conflicted with the employee’s explanation, and some allegations went beyond what the statements actually said. The employer didn’t make the further inquiries it should have before deciding.
The employee still received no remedies, because the court found his own conduct was serious enough to rule them out. But the employer was still found to have got the process wrong.
What employers can take from it:
✅ If witness accounts conflict, go back to the people involved before you decide
✅ Keep every allegation tied to what the evidence actually supports
✅ Check whether each issue genuinely amounts to serious misconduct
✅ A flawed process can be costly, even when the behaviour was serious
Good records make all of this easier. Payfast helps NZ small businesses keep payroll and employee information accurate and in one place.
👉 https://payfast.co.nz/
General information only, not legal advice.
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