CHENG v THE VICE CHANCELLOR OF LINCOLN UNIVERSITY [2025] NZERA 167

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

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).

In summary, After just over two years, Lincoln University disestablished the RFT role based at MGS and as a result Ms Cheng's employment came to an end on 1 May 2024 by reason of redundancy. After that, I note at this point that my investigation and determination does not deal with the allegations of bullying and harassment, so I make no decision on whether the behaviour complained of occurred or not. Later, The Authority was satisfied that on at least two occasions Ms Cheng detailed behaviour that she alleged occurred, which if proven could have amounted to bullying or harassment. The determination records that The Authority was satisfied that Ms Cheng set out her view, that she been subjected to bullying and harassment at work. The Authority notes that In this email the representative asked Ms Williamson to provide a summary of actions taken to investigate the complaints Ms Cheng reported in 2023, which he described as complaints of abuse. Ultimately, In the meeting on 11 March 2024 Lincoln University asked Ms Cheng to email information about her complaints to HR. In the end, Ms Williamson says that as a follow up to the meeting she called Ms Cheng and explained how Ms Cheng could access the Bullying and Harassment Policy as well as a complaint form.

Key case markers

• This determination comes from the Christchurch registry.
• The parties are CHENG (employee) and THE VICE CHANCELLOR OF LINCOLN UNIVERSITY (employer).
• Hearing date noted: 17, 18 and 19 December 2024 (3 Days).
• Authority member: Peter van Keulen.

Key events described

• After just over two years, Lincoln University disestablished the RFT role based at MGS and as a result Ms Cheng's employment came to an end on 1 May 2024 by reason of redundancy.
• I note at this point that my investigation and determination does not deal with the allegations of bullying and harassment, so I make no decision on whether the behaviour complained of occurred or not.
• The Authority was satisfied that on at least two occasions Ms Cheng detailed behaviour that she alleged occurred, which if proven could have amounted to bullying or harassment.
• The Authority was satisfied that Ms Cheng set out her view, that she been subjected to bullying and harassment at work.
• In this email the representative asked Ms Williamson to provide a summary of actions taken to investigate the complaints Ms Cheng reported in 2023, which he described as complaints of abuse.
• In the meeting on 11 March 2024 Lincoln University asked Ms Cheng to email information about her complaints to HR.
• Ms Williamson says that as a follow up to the meeting she called Ms Cheng and explained how Ms Cheng could access the Bullying and Harassment Policy as well as a complaint form.
• Lincoln University had some exchanges of correspondence with Ms Cheng's counsel following the 18 April 2024 meeting and Lincoln University's decision to terminate Ms Cheng's employment but did nothing about Ms Cheng's complaints until after she lodged her application for interim reinstatement in the Authority.
• In short, Lincoln University says the context of the 6 September 2023 meeting complaint together with Ms Cheng's failure to raise anything further with HR at the time meant it did not know there was a complaint to investigate.
• Further, Lincoln University says Ms Cheng did not make a formal complaint in line with its policy or at least provide detailed information as it requested after the 11 March 2024 and 18 April 2024 meetings and this meant there was no basis for it to take any steps in respect of Ms Cheng's complaints.
• On 6 March Professor McKenzie sent an email to Ms Cheng notifying her of the change proposal and inviting her to a meeting via Teams to discuss - he did not provide the Consultation Document at this time.
• Nothing further came from this meeting and on 29 April 2024 Lincoln University gave Ms Cheng notice of termination by reason of redundancy.

Decision markers

• The Authority concluded that Ms Cheng has an unjustifiable action causing disadvantage grievance arising out of Lincoln University's failure to deal with her complaints about her treatment whilst employed as a RFT at MGS.

Orders and payments mentioned

• Compensation: $26, 000
• Lost wages / arrears: $8,001.57
• Costs: Costs reserved.

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

Practical takeaways

• Redundancy determinations usually turn on genuineness and consultation quality.
• Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

Read the full ERA determination (embedded)

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