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Results for workplace investigation

Showing 121-128 of 239 results
Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 - courier driver held to be employee; constructive dismissal after ACC pressure; $26,146.26 ordered

Courier driver Xiaoshuai Huang was bitten by a dog, went on ACC and was pressured to withdraw his ACC claim on the basis that Fast Horse said he was a contractor. After he refused, he was removed from the work messaging system and stopped receiving jobs.

Matched passage: The employer did not appear at the investigation meeting, and the Authority proceeded on the evidence available.
Ziyu Xiao and Youtian Yang, and Limei Liu v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 222 - delivery drivers cut off via app/WhatsApp after complaints; unjustified dismissals and disadvantage; $54,500 ordered

Delivery drivers Ziyu Xiao, Youtian Yang and Limei Liu lost access to Fast Horse's app or WhatsApp work channels after raising concerns about their work and pay. The ERA examined whether those digital cut-offs amounted to dismissals and whether the employer had also caused unjustified disadvantage beforehand.

Matched passage: The respondent did not attend the investigation meeting and filed no evidence for the merits stage.
Ben Devine v Health New Zealand - Te Whatu Ora [2025] NZERA 206 - nurse's 'casual' status rejected; unpaid stand-down unjustified disadvantage; reinstatement ordered; $15,000 compensation plus lost wages

Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.

Matched passage: The Authority criticised the 14 August letter because it did not explain any supposed distinction between stand-down and suspension, did not fairly address whether the employee should be suspended on pay, and was followed by a failure to actually investigate promptly.
ZiGen Wong v NZAT Construction Limited [2026] NZERA 193 - employee status found despite no visa; $18,187.50 wage arrears + $1,455 holiday pay; constructive dismissal upheld

ZiGen Wong worked for NZAT Construction without a valid work visa and was later denied wages and employment protections on the basis that the arrangement was not lawful employment. He claimed employee status, arrears and constructive dismissal.

Matched passage: The respondent denied employing the applicant and did not participate in the investigation.
Tracy Alpar v Bookieland Limited [2026] NZERA 191 - unsigned seasonal fixed term not enforceable; dismissal by WhatsApp; $12,000 compensation and $14,000 reimbursement

Tracy Alpar worked for Bookieland under an unsigned seasonal fixed-term arrangement and was later told through WhatsApp that her employment had ended. The ERA had to decide whether the purported fixed term complied with the statutory requirements and whether the termination was justified.

Matched passage: ... Citation: [2026] NZERA 191 Registry: Wellington Authority member: Sarah Kennedy-Martin Investigation meeting: 26 August 2025 (Blenheim) Determination date: 30 March 2026 Claims: unjustified dismissal; compensation; lost wages; holiday arrears Outcome: unjustified dismissal ...
Gaetan Duvaux v Mega Limited [2026] NZERA 182 - redundancy dismissal unjustified on process; pre-selection and withheld scoring; $8,000 compensation plus three months' pay ordered

Gaetan Duvaux was made redundant by Mega after a selection process in which scoring and comparative information were not fully disclosed and the employee argued the outcome had effectively been chosen in advance. The business case itself was not the only issue: the fairness of selection and consultation was central.

Matched passage: ... At a glance Citation: [2026] NZERA 182 Registry: Auckland Authority member: Simon Greening Investigation meeting: 23 and 24 February 2026 (Auckland) Submissions received: 23 February 2026 (Respondent) and 26 February 2026 (Applicant) Determination date: 27 March 2026 Employee ...
Arnold Putt v George Weston Foods [2026] NZERA 179 - misconduct, performance; what the ERA decided and what was ordered

Packaging operator Arnold Putt challenged disciplinary action by George Weston Foods after a confrontation with his production manager about task priorities. The ERA examined both the basis for a final written warning and whether shortcomings in the way the process was communicated caused a separate disadvantage.

Matched passage: The Authority also noted that Mr Heyes did not have authority to dismiss staff on the spot, and that GWF moved quickly afterwards to say that Mr Putt's employment was still ongoing and that an investigation would follow.
Craig (Andrew) Campbell v Qube Ports NZ Limited [2026] NZERA 174 - interim reinstatement ordered after medical incapacity dismissal; asthma/dust exposure dispute

A Port of Tauranga stevedore was dismissed for medical incapacity after an asthma flare during dusty palm-kernel work. He sought interim reinstatement, arguing there was a serious dispute about the actual exposure risk, his capacity for modified duties and the employer's consideration of alternatives.

Matched passage: ... At a glance Citation: [2026] NZERA 174 Registry: Auckland Authority member: Simon Greening Investigation meeting: on the papers (AVL) Submissions received: 20 March 2026 (AVL) Determination date: 24 March 2026 Core issues: medical incapacity dismissal; interim reinstatement ...

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