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Results for workplace investigation

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Emily Barr v Brooker Travel Limited [2026] NZERA 651 - bullying complaint failures led to constructive dismissal

Emily Barr complained about repeated belittling and dismissive treatment by her manager. Brooker Travel obtained an external investigation but then failed to adequately protect her, disclose the final report or provide a workable return-to-work plan. The ERA found unjustified disadvantage and constructive dismissal, awarding $20,000 compensation and six months' lost wages with associated entitlements.

Matched passage: Brooker then instructed an independent employment specialist to investigate.
Gumbeze v Chief Executive of Oranga Tamariki [2024] NZEmpC 133 - serious misconduct finding overturned

Oranga Tamariki summarily dismissed social worker Bigson Gumbeze after an external investigation into complaints about his supervision, dealings with managers and aspects of his practice. The ERA upheld the dismissal, but he challenged that result afresh in the Employment Court.

Matched passage: ... a care and protection social worker who was summarily dismissed in 2017 after an external investigation into complaints about his supervision, interactions with managers and aspects of his social-work practice. The Authority dismissed his personal grievance and held the ...
Fire and Emergency New Zealand v Kinzett [2026] NZEmpC 119 - ERA dismissal finding overturned

Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.

Matched passage: One feature the Authority relied on was that FENZ allowed Mr Kinzett to remain in the workplace for a lengthy period after the investigation.
Deborah Coley v Bupa Care Services NZ Limited [2026] NZERA 530 - redundancy threat used to force variation of guaranteed hours

Deborah Coley's agreement guaranteed at least 32 hours each week, but Bupa sought to vary that guarantee by averaging hours across a six-week roster and presented redundancy as the alternative if she refused. A later disciplinary investigation and written warning added a second strand to the disadvantage claim.

Matched passage: However, the abuse and neglect policy was not identified or provided to Ms Coley before the investigation meeting.
Rakai Tawhiwhirangi v Chief Executive of the Department of Corrections [2026] NZERA 402 - unjustified dismissal after self-defence acquittal

Corrections dismissed prison officer Rakai Tawhiwhirangi for alleged unjustified use of force after an incident that also resulted in a criminal prosecution in which he was acquitted on self-defence grounds. The ERA examined the employer's independent investigation, the evidence available and the fairness of the serious-misconduct conclusion.

Matched passage: Corrections restarted the employment investigation After the criminal case concluded, Corrections resumed its employment investigation.
Natalie Butler-Smith v David and Dale Cavey t/a DG and DV Cavey Partnership [2026] NZERA 324 - farm assistant dismissed before returning from parental leave

Part-time farm assistant Natalie Butler-Smith was dismissed in February 2024 around the end of parental leave, with the employers raising health-and-safety concerns and disputing aspects of work performed during leave. The respondents did not appear at the investigation meeting.

Matched passage: The respondent did not attend the ERA investigation meeting The investigation meeting was held by AVL on 26 March 2026.
Daniel Bly v FutureCo Limited [2026] NZERA 269 - dismissal for Instagram posts and Slack messages held unjustified; $15,000 compensation; 6 months' pay less 50% contribution

Daniel Bly was dismissed by FutureCo after Instagram posts and internal Slack messages became the subject of disciplinary allegations. The case tested both the seriousness of the conduct and whether the employer's investigation and dismissal response were proportionate.

Matched passage: ... At a glance Citation: [2026] NZERA 269 Registry: Auckland Authority member: Simon Greening Investigation meeting: 1 April 2026 (Auckland) Submissions received: 9 April 2026 Determination date: 1 May 2026 Employment: Full Stack Developer (lead on a KFC mobile app game project), ...
Lillian Shorter v Waiheke Island Supported Homes Trust [2026] NZERA 54 - summary dismissal for alleged sleeping on night shift held unjustified; six months lost wages ordered and $18,750 compensation

Lillian Shorter was summarily dismissed by Waiheke Island Supported Homes Trust after covert video showed her sleeping during night shifts. She said night workers had a recognised practice of sleeping during combined breaks and challenged both the investigation and the unequal treatment of staff.

Matched passage: ... to explain the issues and outcome. What the Authority had to decide The issues set for investigation included whether the employer acted unjustifiably to the employee's disadvantage (bullying, good faith, privacy), whether the employee was unjustifiably dismissed, and if ...

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