An employee brought a claim alleging he had been wrongfully dismissed for serious misconduct.  The Employment Relations Authority held that the employer had carried out a fair process and given the employee opportunities to be heard on the allegations and proposed penalty.

The ERA held that the allegations of insubordination and failing to follow lawful instructions were serious misconduct and that an employer could dismiss the employee.  The employee had tendered his resignation before he was dismissed and claimed that he should therefore be treated as having resigned rather than been dismissed.  The ERA held that the employer was entitled to continue its disciplinary investigation and so the employee had correctly been dismissed prior to his resignation taking effect.