[2024] NZEmpC 133 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 422 KB]
...103A of the Act. It is whether Oranga Tamariki’s actions, and how it acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal occurred. The test is objective and there may be range of responses open to a fair and reasonable employer.8 [14] The Court’s task is not to substitute the employer’s decision with its own, but it is entitled to review the facts on which the decision was made to decide whether the employer was...