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Results for suspension

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Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: "Special leave" can still be a suspension: if devices are taken and the employee is removed immediately, the ERA may treat it as suspension and require prior consultation unless there is a genuine immediate risk.
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: Findings 1) Suspension: unjustified disadvantage The Authority found the suspension decision was made without a fair process.
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: The initial suspension was also unjustified Mr Dickson was abruptly called to a meeting on 9 January without prior notice of the purpose of the meeting, the allegation or that suspension was being considered.
Mandeep Singh v PR Kahlon Limited and Satpal Singh [2026] NZERA 521 - performance dismissal failed because employee was not fairly heard

PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.

Matched passage: The Authority found an unjustified suspension from 11 to 18 June due to the lack of consultation.
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: The first suspension In 2024, after a complaint and concerns about staff wellbeing, the Commissioner proposed paid special leave and then suspended Mrs Rasheed on 1 July 2024.
Edgecumbe Supermarket Ltd v Petersen [2026] NZEmpC 56 - ERA unjustified dismissal finding upheld

Mrs Petersen was immediately suspended after raising concerns about a work task, was required to leave her uniform behind and was threatened with trespass. The dispute was whether those actions objectively communicated that her employment was over.

Matched passage: ... issue: whether the employee had been dismissed and the effect of the employer's immediate suspension Background Mrs Petersen worked for Edgecumbe Supermarket. A dispute arose after she raised concerns about carrying out a task. The employer immediately suspended her, required ...
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: The Employment Relations Authority found constructive dismissal, unjustified summary dismissal and unjustified suspension.
Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.

Matched passage: Suspension without consultation The individual employment agreement allowed suspension on full pay pending a fact-finding or disciplinary investigation, but required consultation with the employee.

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