ClickCease

Big B Cartage dismissed truck driver David Turner for serious misconduct after a seven-minute meeting without identifying the allegations or disclosing the text message relied on. The ERA found the dismissal unjustified and awarded $9,750 compensation after a 25 percent contribution reduction.

The short answer

Big B Cartage unjustifiably dismissed David Turner after a seven-minute disciplinary meeting because it had not disclosed the allegations or evidence and did not give him a genuine opportunity to respond before dismissing him. The ERA awarded $9,750 compensation after reducing the initial $13,000 award by 25 percent for his abusive text message.


David Turner v Big B Cartage Limited [2026] NZERA 581

Big B Cartage called truck driver David Turner to a disciplinary meeting without first identifying the allegations or disclosing the text message on which it relied. The seven-minute meeting ended with immediate dismissal for serious misconduct. The Employment Relations Authority found the dismissal unjustified.

Key point: a disciplinary process must provide the allegations and relevant information before the meeting, followed by a real opportunity for a considered response. An employer cannot dismiss first and then offer the employee 24 hours to supply information that might “downgrade” the outcome.

At a glance

  • Citation: [2026] NZERA 581
  • Registry: Auckland
  • Authority member: Simon Greening
  • Applicant: David Turner
  • Respondent: Big B Cartage Limited, trading as Transflora
  • Role: class 5 truck driver
  • Dismissal: 11 March 2025
  • Determination: 24 August 2026
  • Outcome: unjustified dismissal
  • Compensation before contribution: $13,000
  • Contribution: 25%
  • Compensation ordered: $9,750
  • Costs: reserved

A bullying allegation and an abusive text

Mr Turner began work for Big B Cartage, which trades as Transflora, in October 2024. The small business transports plants to nurseries throughout New Zealand. The employment problem arose after Mr Turner sent a colleague an abusive text message in January 2025.

The message accused the colleague of lying, used highly offensive insults and said Mr Turner would no longer help load the colleague's units. Director Andrew Sims regarded it as workplace bullying and ultimately relied on it as the principal reason for summary dismissal.

No allegations or evidence disclosed in advance

Big B Cartage invited Mr Turner to a disciplinary meeting on 11 March 2025. Before the meeting it did not identify the specific allegations, provide supporting information or disclose the text message said to establish bullying.

The meeting lasted only seven minutes. Mr Turner responded “no comment” to the matters raised. The Authority found that this did not cure the employer's earlier failure to tell him what case he had to answer and give him time to prepare.

Dismissed before the proposed response period

After the meeting, Mr Sims emailed Mr Turner saying his employment had been terminated immediately for serious misconduct and asking him to return company property. The same email purported to give him 24 hours to provide mitigating circumstances. A later email asked whether he would provide information that might lead the employer to “downgrading” his dismissal.

The Authority held that this was not a fair opportunity to respond. The dismissal had already been communicated and implemented. A proper investigation must be prompt but unhurried, include disclosure of relevant material and allow a considered response before conclusions are reached.

Big B Cartage did not satisfy any of the procedural requirements in s 103A(3) of the Employment Relations Act 2000. Its limited size did not excuse the deficiencies; conducting a proper disciplinary process remained an essential management responsibility.

Records breach, compensation and contribution

The company also failed to provide Mr Turner's wages and time record after his representative requested it. That breached s 130(2), but the Authority declined a penalty because the breach was inadvertent and no particular loss was shown.

The dismissal damaged Mr Turner's confidence and caused significant stress about supporting his young family. Compensation was assessed at $13,000 before contribution.

The abusive text was culpable and contributed to the situation giving rise to dismissal. The Authority reduced the remedy by 25 percent, while recognising that Mr Turner was not responsible for the employer's serious procedural deficiencies.

Orders made

  • Compensation assessed: $13,000.
  • Contribution reduction: 25% for the abusive text message.
  • Compensation payable: $9,750.
  • Penalty for records breach: declined.
  • Payment deadline: within 28 days.
  • Costs: reserved.

Why this case matters

Turner v Big B Cartage shows that potentially serious employee conduct does not eliminate the need for a fair process. The employer must disclose the allegation and supporting material, allow time to prepare and genuinely consider the response before deciding whether dismissal is justified. A post-dismissal invitation to provide mitigation is too late.

If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

Read the full ERA determination (embedded)

If the embedded PDF does not load, use the button below.

Mobile / tablet tip: Some browsers do not display embedded PDFs reliably. Use the Open button above.


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

0800 WIN KIWI

Search
Search cases, guides and topics.
Tip: press / to search

Related articles

Browse all articles
Based on: Unfair Dismissal Cases
Shaun Graves v NZSL Employment Limited [2026] NZERA 669 - contractor became an employee before summary dismissal

Shaun Graves initially worked through his own contracting company, but later moved onto NZSL's PAYE payroll, worked regular hours under its direction and used its equipment. The ERA found he had become an employee from 23 September 2024 and was unjustifiably dismissed when simply told his services were no longer required.

Eric Paul Tillocksingh v Driver Employment Limited [2026] NZERA 663 - resign or be dismissed ultimatum was an unjustified dismissal

After a customer complaint, truck driver Eric Tillocksingh was called into meetings without advance written allegations or warning that dismissal was possible. The ERA preferred his evidence that he was told to resign or be dismissed, found the process fundamentally unfair, and awarded $15,000 compensation plus $17,448.75 lost remuneration.

Ross McCullum v RidgeAir Limited [2026] NZERA 658 - long-serving Chief Pilot was unjustifiably dismissed

After 15 years as RidgeAir's Chief Pilot, Ross McCullum had his work phone disconnected and laptop removed before a meeting at which he was told the business was closing. The ERA found the employer had dismissed him, rejected the later characterisation of his departure as voluntary, and awarded lost wages, compensation and substantial holiday-pay arrears.

Wenpeng Yu v Golden Rooster NZ Trading Ltd [2026] NZERA 699 - one week employee was dismissed, not an abandonment

Golden Rooster said chef Wenpeng Yu abandoned his job after only one week, but WeChat messages supported his evidence that the employer had dismissed him because it was unhappy with his productivity. The ERA found no fair process had been followed and awarded $7,500 compensation, $3,559.20 lost wages and annual holiday pay.

Xuefeng Yang v ERA Home Limited [2026] NZERA 695 - migrant worker was an employee despite employer denying relationship

ERA Home denied that Xuefeng Yang had ever become its employee, despite a signed employment agreement, an approved work visa and evidence that he worked at its construction site. The ERA found an employment relationship existed, upheld unjustified dismissal and disadvantage claims, awarded $23,000 compensation and $8,008.20 lost wages plus holiday pay, and imposed a $3,000 penalty on the company.

Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified

Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.

Browse topics