New Zealand: Dismissal of worker by house cleaning company may be unjustified, Employment Relations Authority claims; incl. co. comments
"Employer faces ERA scrutiny after dismissing worker who raised bullying complaint", 28 February 2026
A Christchurch employer dismissed a worker weeks after he raised a formal bullying complaint. Now, the Employment Relations Authority says the case is live.
When Jaime Allum emailed Jet-X Christchurch Limited …, he was doing exactly what most HR professionals would recommend: documenting a workplace concern. His email was, in his words, "to put in formal writing a bullying complaint…" Jet-X did not uphold it. Weeks later, Allum was in the middle of a disciplinary process....
The Employment Relations Authority's determination, issued …, shows why that sequence matters.
After rejecting the bullying complaint …, Jet-X issued Allum a letter in late April or early May inviting him to a disciplinary meeting over potential misconduct…, it told him his conduct amounted to serious misconduct justifying summary dismissal, describing this as a preliminary decision and giving him … to respond.
Allum's representative responded in time, raising grievances of unjustified disadvantage and predetermined unjustified dismissal. Jet-X extended the deadline…, Allum's representative filed a final response, adding constructive dismissal to the list…
Allum's central argument is that the disciplinary action was retaliatory - triggered by his bullying complaint. Jet-X denied any link, maintaining that its investigation was thorough and fair and the dismissal justified.
… Authority Member Philip Cheyne found, …, that grievances raised during a disciplinary process - even before a final dismissal letter - can be treated "substantively and realistically as an unjustified dismissal grievance." The dismissal claim is now properly before the Authority. The substantive hearing, which will test the retaliation argument and the fairness of the process, is still to come. Costs were reserved…