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Results for workplace investigation

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Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.

Matched passage: ... Representatives: Linda Ryder, advocate for Ms Kennett; Emma Stephen, counsel for Polygon Investigation meeting: 9 and 10 April 2026 Determination date: 24 June 2026 Role: Sandwich Artist, with an intended promotion to Assistant Restaurant Manager Key issues: engineered ...
Four Applicants v A Respondent [2026] NZERA 407 - union activity discrimination, duress, and work-from-home disadvantage

Four salaried union members alleged that a senior manager pressured them over strike action and delegate activity and that striking staff were temporarily denied discretionary work-from-home access. The non-publication case tested discrimination and duress protections connected with lawful union activity.

Matched passage: The statutory question is whether the person was employed by the employer and had authority over the employee or others in the workplace.
Rachel Hankins v Huhtamaki Henderson Limited [2026] NZERA 379 - valid fixed term but unjustified early termination

Rachel Hankins was employed by Huhtamaki Henderson on a fixed-term arrangement. Although the ERA accepted there was a valid basis for the fixed term itself, her employment was ended before the agreed expiry and the employer had to justify that early termination separately.

Matched passage: ... Limited (HHL) Representatives: Ms Hankins in person; Tim Mackenzie, counsel for HHL Investigation meeting: 6 May 2026 in Auckland Further submissions: 13 May 2026 from HHL and 8 June 2026 from Ms Hankins Determination date: 15 June 2026 Role: accountant Employment: ...
Jeanette Go v Point Limited [2026] NZERA 369 - genuine redundancy but flawed consultation and undisclosed selection criteria

Point Limited made estimator Jeanette Go redundant after a genuine downturn in estimation work, but did not disclose its selection criteria, interview the other estimators or properly engage with her reduced-hours alternative before preparing the termination outcome.

Matched passage: ... Limited Representatives: Pam Greenlee, advocate for Ms Go; Danny Gelb, advocate for Point Investigation meeting: 25 May 2026 in Auckland Further submissions / evidence: 28 May 2026 from Ms Go and 4 June 2026 from Point Determination date: 11 June 2026 Role: estimator, based ...
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: ... Denis Asher, advocate for ZZP; Susan Hornsby-Geluk, counsel for the Commissioner Investigation meeting: 18 February 2026 in Auckland Further information / submissions: 25 February and 4 June 2026 from ZZP; 3 March and 3 June 2026 from the Commissioner Determination ...
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: ... Representatives: David Feist, advocate for Mr McDonald; Sanjay Sharma, counsel for Traffica Investigation meeting: 24 and 25 February 2026 in Auckland Determination date: 9 June 2026 Role: foreman / experienced concrete worker Employment period: May 2022 to 14 May 2024 Key ...
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: ... Limited Representatives: Dave Cain, advocate for Mr Huntley-Byrne; Kylie James for Dallison Investigation meeting: 21 April 2026 in New Plymouth Determination date: 5 June 2026 Business: Hind Quarters café in Waverley Employment period: 5 June 2024 to 18 November 2024 Role: ...
Todd Dormer v Rhino-Rack New Zealand Limited [2026] NZERA 353 - ambiguous commission clause, Sales Commission Scheme, and unjustified disadvantage

Rhino-Rack recorded Todd Dormer's commission entitlement only as '10% paid quarterly'. He argued this meant 10 percent of sales or gross margin, while the company said a broader Sales Commission Scheme with individual, regional and company targets applied.

Matched passage: ... Donovan, counsel for Mr Dormer; Kate Ashcroft and Ashvini Chelliah, counsel for Rhino-Rack Investigation meeting: 13 March 2026 in Auckland Determination date: 5 June 2026 Role: Head of Sales New Zealand, previously New Zealand Country Manager Employment commenced: 3 June 2024 ...

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