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Results for warnings

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Jingkai Wang v Envoco Limited [2025] NZERA 845 - resignation, covert recordings and limited unjustified disadvantage

Jingkai Wang claimed Envoco had dismissed him and subjected him to bullying and an unsafe workplace, while the employer said he resigned. The evidence also included covert recordings and a trial clause signed only after work had begun.

Matched passage: The determination is also a useful warning that covert recording can affect the Authority's assessment of credibility and good faith where it appears inconsistent with genuine attempts to resolve a workplace problem.
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Haochen Guo v Su's Investment Limited [2025] NZERA 805 - suspension without process, bullying, and redundancy while on ACC leave; $25,000 compensation plus arrears and penalty

Haochen Guo was suspended, complained of bullying and was later made redundant while absent on ACC leave. The ERA examined the fairness of the suspension and workplace treatment as well as whether the purported redundancy was genuine and properly consulted on.

Matched passage: On 14 May 2025 SIL told Mr Guo by message that he was being given a serious warning and was immediately suspended.
Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 - Employee status confirmed, dismissal by text, 3 months lost wages, $15k compensation, holiday pay arrears, costs

Lautusi Isaako worked full-time for ABS Builders under day-to-day direction but the respondents disputed aspects of the employment relationship and later ended his work by text after raising performance concerns for the first time. The case also involved public-holiday, annual-leave and record-keeping failures.

Matched passage: Process failure: The termination was by text, with no warning, no review, and no opportunity to respond.
LEVI-ADAMS v GREENE [2025] NZERA 531 - material withheld until after dismissal; dismissal unjustified

Ms Levi-Adams was dismissed by Greene after a process in which important material was not provided to her until after the termination decision. The ERA examined whether she had been given the information and opportunity to respond that a fair and reasonable employer was required to provide.

Matched passage: The Authority notes that Attached to the email is a letter dated 21 June 2023, which is not a reference but instead appears to be a written warning.
BALI v R1i TECHNOLOGY LIMITED [2025] NZERA 409 - Webex dismissal without fair process

R1i Technology dismissed Mr Bali during a Webex meeting and then confirmed the decision in writing. The employer did not participate in the ERA proceeding and the evidence showed no meaningful process satisfying the minimum statutory tests of procedural fairness.

Matched passage: Mr Bali's employment was terminated without warning during the Webex meeting of 7 August 2024.
QN v FT LIMITED [2025] NZERA 99 - unjustified dismissal

QN was summarily dismissed as a branch manager after FT Limited investigated an alleged undisclosed conflict of interest involving the engagement of a close family member's company. The ERA examined both the underlying conflict and whether the investigation and decision-making process was fair.

Matched passage: In the end, By letter of 15 December 2024, FT Ltd's counsel, advised that they rejected the personal grievance claiming the action of setting up a meeting to discuss performance concerns was not untoward and had not been escalated to a performance plan or formal warning.
O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 56 - disadvantage claims decided; later dismissal claims left separate

Ms O'Brien's proceeding against The Platform concerned employment grievances arising before her later dismissal. After the investigation meeting she sought to add dismissal-related claims, creating a procedural dispute about whether those new matters belonged in the determination already under way.

Matched passage: The basis for the allegation and issuing of the final warning included that there was a material impact from the delay and that the recording was inconsistent with what Ms O'Brien had been asserting as to the conduct of the meeting on 8 June 2022.

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