JHJ v IXX [2026] NZERA 2 - Unjustified dismissal and temporary non-publication

What happened

The employee worked for the respondent company from December 2023 until being summarily dismissed in April 2024. The employer said it dismissed him because of his behaviour at the workplace on 18 April 2024. The employee alleged he was unjustifiably dismissed and raised a personal grievance.

How the Authority assessed justification

The Authority applied the standard test of justification (Employment Relations Act 2000, section 103A): what a fair and reasonable employer could have done in all the circumstances. In practical terms, that includes whether the employer investigated the concerns, raised them with the employee, gave a reasonable opportunity to respond, and genuinely considered that response before deciding to dismiss.

Remedies and orders

• Contribution: The Authority did not reduce remedies for contributory conduct. It found there was no blameworthy conduct by the employee that contributed to the situation giving rise to the grievance.
• Costs: Costs were reserved. The decision sets a timetable for memoranda if the parties cannot resolve costs by agreement.

Practical takeaways

• Do not rely on summary dismissal without process. Even where an employer considers behaviour serious, it still usually needs a fair investigation and an opportunity to respond.
• Contemporaneous evidence matters. The Authority gave weight to contemporaneous communications and treated later statements from witnesses (who did not attend to give evidence) with caution.
• Remember the remedies framework. Lost wages are commonly capped at 3 months unless the Authority exercises discretion to go beyond the cap (and the evidence supports it).