Dismissing an employee always feels scary. Even if you think you've got it in the bag, you’re left wondering… have I done everything right?
Because the reality is when you get it wrong, it can cost you time, trust, and cash. So what does “getting it right” actually look like?
In this episode, we're diving into a real-life case from the Employment Relations Authority involving a shift manager, suspicious GPS data, and a whole lot of time spent… not working.
But this isn’t just about what the employee did wrong. It’s about what the employer did right! From the investigation to the disciplinary process, this is a masterclass in handling serious misconduct, maintaining procedural fairness, and making a dismissal stand up legally.
Join Sanam as she breaks down:
The case of Sahil v First Security Guard Services Limited [2025] NZERA 310
What makes a dismissal legally justified under NZ employment law
When you separate an investigation from a disciplinary process
How to manage misconduct in high-trust or senior roles
The importance of documenting your process (and what to include)
What to test when assessing an employee’s credibility
If you’re an employer, HR lead, people manager or business owner thinking, “I know something’s off, but I’m not sure what to do next”, this one’s for you.
Because when it comes to dismissals, being fair and reasonable isn’t optional. It’s the law.
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Resources:
Sahil v First Security - ERA Determination
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.
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