ClickCease

Akitio Trucking dismissed Mr Swenson after concluding he punched another driver. He argued the employer had failed to deal with earlier theft allegations and that its investigation and dismissal process were unjustified.

The short answer

The ERA upheld the unjustified-dismissal grievance but found Swenson's own conduct blameworthy and contributory. It awarded $4,725 lost wages and $11,250 compensation after the relevant contribution assessment; costs were reserved.


SWENSON v AKITIO TRUCKING LIMITED [2025] NZERA 214

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

At a glance

  • Citation: [2025] NZERA 214
  • Registry: Wellington
  • Parties: SWENSON v AKITIO TRUCKING LIMITED
  • Authority member: Claire English
  • Hearing date: 25 November 2024
  • Determination date: 16 April 2025
  • Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues.

In summary, On 21 December 2022, he was dismissed as Akitio reached the conclusion he had punched another driver in the face. After that, His view is that if Akitio had done something about that matter, the incident with the other driver that led to his dismissal would not have occurred. Later, Mr Swenson was suspended on pay and invited to a disciplinary meeting. The determination records that Mr Swenson was dismissed, by way of email to him from Akitio's representative Mr Livingston. The Authority notes that He says that if this had occurred, the incident as between him and Mr Beale which lead to his dismissal might not have occurred. Ultimately, In all the circumstances, The Authority found that it was not unjustified of Akitio to decide to take no further action in circumstances where Mr Swenson's allegations of theft could not be properly demonstrated. In the end, Sufficiently investigated the allegations against Mr Swenson before dismissing him; b.

Key case markers

  • This determination comes from the Wellington registry.
  • The parties are SWENSON (employee) and AKITIO TRUCKING LIMITED (employer).
  • Hearing date noted: 25 November 2024.
  • Authority member: Claire English.

Key events described

  • On 21 December 2022, he was dismissed as Akitio reached the conclusion he had punched another driver in the face.
  • His view is that if Akitio had done something about that matter, the incident with the other driver that led to his dismissal would not have occurred.
  • Mr Swenson was suspended on pay and invited to a disciplinary meeting.
  • Mr Swenson was dismissed, by way of email to him from Akitio's representative Mr Livingston.
  • He says that if this had occurred, the incident as between him and Mr Beale which lead to his dismissal might not have occurred.
  • Sufficiently investigated the allegations against Mr Swenson before dismissing him; b.
  • This as well as the decision to hold the key meeting without Mr Swenson suggests the decision to dismiss Mr Swenson was not one made with an open mind.

Decision markers

  • In all the circumstances, The Authority found that it was not unjustified of Akitio to decide to take no further action in circumstances where Mr Swenson's allegations of theft could not be properly demonstrated.
  • When considering whether Mr Swenson's actions contributed towards the situation that gave rise to his personal grievance of unjustified dismissal, The Authority found that they did so, and that they were blameworthy.

Orders and payments mentioned

  • Compensation: $11,250
  • Lost wages / arrears: $4,725
  • 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

  • Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
If you have an active employment problem and deadlines, get advice early. 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 on your device, use the button below to open it in a new tab.

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