Serious Misconduct Justifies Dismissal Despite Imperfect Process

Serious Misconduct Justifies Dismissal Despite Imperfect Process – Morrison v New Zealand Post

The Employment Relations Advisory’s decision in Morrison v New Zealand Post provides a useful reminder that, in cases of serious misconduct, a dismissal may be upheld even where the employer’s process is less than perfect.

In this case, although parts of the investigation and disciplinary process fell short of best practice, the ERA found that the employer had sufficient grounds to terminate the employment relationship. The seriousness of the misconduct—once substantiated—was such that dismissal was within the range of reasonable responses available to the employer.

The ERA confirmed that the statutory test 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.

Key Points:

·         Serious misconduct can justify dismissal even where procedural steps are not entirely faultless, provided the overall process remains fair.

·         Employers are not expected to achieve perfection, but they must act in good faith and allow the employee a reasonable opportunity to respond.

·         Clear documentation of the reasoning behind a dismissal decision remains critical.

This judgment should reassure employers facing serious conduct issues. It underscores that, when the misconduct is clear and the employer has acted reasonably, the dismissal is likely to be upheld. Nonetheless, we continue to recommend procedural diligence to avoid unnecessary risk—particularly in cases that are less clear-cut.

Contact the Knowhow team for practical, employer-first advice.