Cameron Rix v Rotorua Quarry Limited [2025] NZERA 152

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

Cameron Rix v Rotorua Quarry Limited is an Employment Relations Authority (ERA) determination from Wellington. The Authority found the employee was unjustifiably dismissed (abandonment was not made out) and awarded remedies.

The case arose after a workplace incident on 22 September 2022. The employee had suffered arm injuries earlier in 2022 and said the incident at work (including an altercation with a director) aggravated that injury. The Authority recorded that the incident itself was not properly investigated and that the precise roles played by each person in the physical interaction remained unclear.

After the incident, the employee went on medical leave. He produced a medical certificate declaring him unfit for work from 24 September 2022 to 23 October 2022, and he communicated with the employer about sick leave and the return of company property. The employer later wrote saying it considered the employee had abandoned his employment and processed final pay with deductions.

The Authority rejected the employer's reliance on abandonment to justify ending the employment, and found the employee was unjustifiably dismissed. It also dealt with unlawful deductions from final pay and the employee's disadvantage/safety concerns.

The Authority then made orders for payment of lost earnings, annual leave, reimbursement of the unlawful deductions, and compensation for humiliation, loss of dignity and injury to feelings. A penalty claim was declined, and costs were reserved with directions for any costs memoranda.

Key events described

• This letter advised "If the allegations are to be proven it could amount to serious misconduct and possibly involvement with NZ Police." Accordingly the sole reason for the termination of Mr Rix's employment was RQL's belief he had abandoned his employment.
• It follows therefore he cannot have contributed to his dismissal in a blameworthy manner.
• The Authority's investigation At the investigation meeting I heard evidence from Mr Rix and his mother.
• Mr Rix gave evidence as to the effects the dismissal had on him in respect of injury to feelings, humiliation and loss of dignity.
• As to reasons explained later the incident was not properly investigated, other than the incident occurring, the part each party played in it, remains unclear.
• No investigation had been completed in respect of the matter but in any event, Mr Rix was not dismissed for what he may or may not have done on 22 September 2022.
• Summary of orders Rotorua Quarry Limited is ordered to pay Cameron Rix the following within 28 days from the date of this determination: (a) The sum of $22,197.37 equating to 13 weeks lost earnings.
• The Court noted:2 Previous cases have held that the liability to pay wages, or compensation for wages, rests with the employer and that the payment of, for example, social security payments or accident compensation does not displace this liability.
• He was advised two weeks pay would be deducted.
• I have found that Mr Rix was unjustifiably dismissed.
• Mr Rix was upset about deductions made from his final pay.
• RQL submits this must impact on RQL's liability for lost wages.

Decision markers

• Mr Rix raised an unjustified disadvantage action in respect of the 22 September 2022 incident.
• Under the circumstances I decline to award a penalty.
• He would have had some controls to when he underwent any medical procedure.
• Mr Rix claims a penalty against RQL for breaches of the Wages Protection Act.
• As noted above, this was not the conclusion a fair and reasonable employer could come to.
• (e) The sum of $18,000.00 as compensation for humiliation, loss of dignity and injury to the feelings of Cameron Rix.
• On request by either party, an extension of time for the parties to continue to negotiate costs between themselves may be granted.
• I need to consider however the submission by RQL that the fact Mr Rix later went onto ACC which was backdated, should be taken into account in assessing lost wages.
• If the parties are unable to resolve costs, and an Authority determination on costs is needed, Cameron Rix may lodge, and then should serve, a memorandum on costs within 28 days of the date of this determination.

Orders and payments mentioned

• Compensation: $18,000.00
• Lost wages / arrears: $22,197.37
• Holiday pay: $170.75
• Reimbursement: $1,000.00, $749.86
• Costs: Costs reserved.

Note: figures above are extracted from the orders wording. Check the PDF for full context and any gross/net directions.

Practical takeaways

• Abandonment is not a shortcut: an employer still needs a fair process and a proper basis before treating employment as ended.
• If an employee is on medical leave and has provided medical evidence, treat communications carefully and keep the employment relationship obligations front of mind.
• Unlawful deductions from wages can support unjustified disadvantage and Wages Protection Act issues, and can be ordered to be repaid.
• Remedies often include a mix of lost wages, payment of leave entitlements, reimbursement of deductions, and compensation for injury to feelings.
• Costs are often reserved to be dealt with later; check the determination for deadlines to file any costs memoranda.

Read the full ERA determination (embedded)

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.