Ms Moke faced complaints and an external investigation while employed by Raukura Hauora O Tainui Trust. The case examined the fairness of the investigation, disciplinary steps and the Trust's eventual preliminary and final conclusions, including whether tikanga and kaupapa-based processes altered the statutory fairness requirements.
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Results for workplace investigation
Employment-law lessons from misconduct at Christmas parties and other work functions, including alcohol, off-duty conduct, investigations and when discipline or dismissal may be justified.
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.
The evidential value and employment-relationship risks of secretly recording workplace meetings or conversations in New Zealand, including disciplinary and grievance situations.
In an interlocutory Employment Court judgment, TVNZ failed to establish legal advice privilege over the Robins Report, a lawyer-led review of recruitment and workplace processes. The Court also rejected broad non-publication orders based only on general privacy and reputational concerns. The substantive dispute remains unresolved.
VLN brought claims about employment status and minimum employment standards arising from work at properties associated with Elizabeth and Kim Dotcom. With possible extradition affecting witness availability and enforcement, VLN sought urgent removal of the whole proceeding from the ERA to the Employment Court before the Authority investigation occurred.
Ms O'Brien's proceeding against The Platform concerned employment grievances arising before her later dismissal. After the investigation meeting she sought to add dismissal-related claims, creating a procedural dispute about whether those new matters belonged in the determination already under way.
Owaka Motors dismissed Mr Murray after he lost the driver licence required for his work. He also alleged mental-health discrimination and failure to provide an employment agreement, while the ERA examined whether the employer adequately investigated alternatives and heard from him before dismissal.
