[2014] NZEmpC 40 Dumolo v Lakes District Health Board [pdf, 157 KB]
...Instead, the Court’s role is to assess on an objective basis whether the actions of the employer fell within a range of the standards for justification established by the statutory provisions. The Court is required to assess, objectively and carefully, both the conduct of the employee and the employer and then the employer’s response to that conduct. Often as part of the assessment a preliminary inquiry will need to be made as to whether the employer’s finding as to miscondu...