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Results for workplace investigation

Showing 97-104 of 290 results
Courage v Attorney-General [2026] NZEmpC 178 - Labour Inspectorate Gloriavale decisions contained reviewable errors

Former Gloriavale members successfully judicially reviewed Labour Inspectorate decisions to take no further action on earlier inquiries. The Employment Court found errors concerning the Inspectorate's jurisdictional threshold, child workers, irrelevant considerations and failures to make adequate further inquiries. Remedies were left for a reconvened hearing.

Matched passage: Treating proof of employee status as a threshold to investigation risked making effective investigation impossible.
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.

Matched passage: There had been no proper investigation, Mr McCullum had not been given a meaningful opportunity to respond before employment ended, and consultation was minimal.
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.

Matched passage: Sending an employee away before a fair opportunity to comment can itself create a separate personal grievance even where a later investigation identifies genuine concerns.
David Turner v Big B Cartage Limited [2026] NZERA 581 - seven-minute disciplinary meeting led to unjustified dismissal

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.

Matched passage: A proper investigation must be prompt but unhurried, include disclosure of relevant material and allow a considered response before conclusions are reached.
Fatima Fahmy v Minimarc Childcare Centre Inc [2026] NZERA 585 - performance dismissal lacked objective assessment

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Matched passage: External investigations did not substantiate those complaints.
Kevin Whelan v The Board of Trustees of Lindisfarne College [2026] NZERA 558 - justified dismissal but notice breach caused disadvantage

Lindisfarne College dismissed long-serving IT manager Kevin Whelan after a serious comment to students while showing CCTV footage of an accident. Although the misconduct could justify dismissal, the College paid four weeks in lieu rather than complying with the collective agreement's one-month notice mechanism or properly invoking instant dismissal.

Matched passage: ... of Lindisfarne College Role: information technology manager Service: approximately 23 years Investigation meeting: 26 March 2026 in Napier Determination date: 14 August 2026 Dismissal: justified Suspension: justified Notice: unjustified disadvantage established Short-paid ...
FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension

Auckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.

Matched passage: ... unjustified disadvantage Compensation: $3,000 Costs: reserved Serious allegations investigated FHE had worked for Auckland Transport since January 2019. In February 2025 AT began investigating concerns about his conduct towards a former employee with whom he had ...

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