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Results for workplace investigation

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George Ngatai, Whanau Ora and the Broughton ERA decision [2023] NZERA 52

Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.

Matched passage: What the ERA records about George Ngatai At paragraph [5], the determination records that the respondent's director, George Ngatai , and manager Raewyn Bhana attended the investigation meeting.
Poor accounting in the ERA: Menzies v Corrigan and the liquidator disclosure problem with Catherine Stewart Barrister

This article examines how disputed accounting material in Menzies v Corrigan moved from a liquidator's reference to 'excessive drawings' into evidence used in proceedings seeking personal compliance orders against a company director. It also traces later disclosure issues involving material routed through Catherine Stewart Barrister's office.

Matched passage: If she did not comply, the Authority said it may consider a compliance order and a penalty for obstructing or delaying the investigation.
Recurring problems that come up in ERA cases

Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.

Matched passage: " This one turns up whenever there were meetings, warnings, investigations, or a dismissal process with defects.
Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: ) Belief: Was the employer entitled, after a fair investigation, to believe the employee did it?
Contribution after the Employment Relations Amendment Act 2026: expect strict interpretation, not a free pass

Analysis of the 2026 contribution changes and the continuing need to prove blameworthy employee conduct that contributed to the situation giving rise to the grievance before remedies are reduced or removed.

Matched passage: Contribution should not become a mechanism for excusing or sanitising major process failures unless the employee's conduct genuinely created or materially worsened the process problem (for example, obstructing investigation steps).
Menzies v Corrigan [2025] NZEmpC 186 - employment advocate and employment lawyer conduct

Menzies v Corrigan concerned an ERA compliance order that required a company director personally to take steps to fund a liquidated employer so grievance remedies could be paid. The challenge raised questions about s 137(2), separate corporate personality and the reach of compliance jurisdiction.

Matched passage: It was directed at documents relevant to serious allegations being made against him, including allegations of a sham liquidation, transferring or siphoning company money, stealing company money, and assertions about his absence from the original Authority investigation.
Costs in the Employment Relations Authority: practice note, daily tariff, and uplifts explained

The ERA costs practice note explained: the $4,500 first-day and $3,500 subsequent-day tariff, when adjustments are made, and how conduct and settlement offers can affect the final award.

Matched passage: ... fair pay agreement processes; collective bargaining disputes; disputes about access to workplaces; and fixing of the terms of a collective agreement. For all other matters that the Authority may investigate (such as personal grievances and breaches of employment ...
Employment NZ (Labour Department): mediation, ERA, and raising a personal grievance

A plain-English map of the agencies and institutions people often mean when they search for the old 'Labour Department': Employment New Zealand, MBIE mediation, Labour Inspectorate functions and the ERA.

Matched passage: ERA: if mediation does not resolve the problem, parties can file in the ERA for an investigation meeting and determination.

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