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Results for workplace investigation

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UERATA v EXPERT MOVING GROUP LIMITED [2025] NZERA 34 - dismissal failed substantive and procedural justification

Expert Moving dismissed Mr Uerata without meeting the minimum procedural requirements in s 103A or its good-faith consultation obligations. The dispute also involved unpaid amounts and the hours he had been working before termination.

Matched passage: The directions of the Authority dated 22 March 2024 note that Expert Moving could provide comment about the directions, including as to the new investigation meeting date, by contacting the Authority Officer using the contact details set out in the accompanying letter.
PIACUN v COOPER NO 1 LIMITED and Anor [2025] NZERA 32 - business sale did not avoid notice; dismissal unjustified

Cooper No 1 sold its business and told Ms Piacun her employment was ending, without paying a notice period. The ERA considered whether the sale itself ended employment or whether Cooper had taken the initiative to terminate her contract.

Matched passage: ... terminated her employment on 15 June 2023 without paid notice. After that, The Authority's Investigation Process [7] I received briefs of evidence prior to the investigation meeting from Ms Piacun and for Cooper, Ms Pugh, a human resources consultant for Cooper who was ...
NAIR v MODERN AUTO REPAIR CENTRE LIMITED and Anor [2025] NZERA 28 - dismissal and wage claims upheld after conflicting accounts

Modern Auto Repair said Mr Nair resigned after a heated argument; Nair alleged he was dismissed and also pursued wage and holiday-pay issues. The ERA had to resolve conflicting evidence about how the employment ended and what money remained owing.

Matched passage: After that, Not without reluctance, the adjournment was granted and the investigation meeting was rescheduled to 24 January 2024.
CHEN v CONSTRUST LIMITED and Anor [2025] NZERA 20 - unjustified dismissal; compensation, wages and penalty

Mr Chen worked in a construction arrangement where the identity of the employer and the true nature of the relationship were disputed. Evidence at the ERA included inconsistent accounts about when Construst was first mentioned and the parties agreed the amount of lost remuneration if employment was established.

Matched passage: However, in his verbal evidence during the Authority's investigation meeting Mr Dai accepted that there was no discussion during the 27 July 2023 meeting about the status of the parties' relationship.
JURY v BUCI LIMITED [2025] NZERA 7 - permanent part-time status, unjustified disadvantage and constructive dismissal

Buci described Ms Jury as casual despite a long pattern of regular shifts. When her hours were cut and the restaurant later insisted she sign a casual agreement before continuing to work, she claimed unjustified disadvantage and constructive dismissal.

Matched passage: ... NZERA 7 Registry: Auckland Parties: JURY v BUCI LIMITED Authority member: Nicola Craig Investigation meeting: 7 and 8 August 2024 (Auckland) Determination date: 10 January 2025 Outcome: Permanent part-time status established; unjustified disadvantage and constructive ...
KNOX v RECRUIT IT GROUP LIMITED [2025] NZERA 4 - redundancy rationale and consultation failed scrutiny

Recruit IT Group made Mr Knox's consultant role redundant shortly before another staff member was promoted into a consultant position. Mr Knox argued the redundancy rationale, consultation timeframe and claimed lack of redeployment options did not withstand scrutiny.

Matched passage: The Authority notes that During the investigation meeting, Mr Leeming agreed to provide the Authority and Mr Knox the Board Minutes from June to September, and documents that he had given to the Board (as referred to in his evidence).
Jacob Maarschalk v West Auckland Trust Services Limited [2024] NZERA 333 - Unjustified disadvantage found over rostering changes and flawed final written warning; $8,500 ordered

Jacob Maarschalk was contracted for 25 hours a week but was regularly rostered for substantially more at West Auckland Trust Services. The dispute concerned later roster changes and a final written warning, including whether he was given a fair opportunity to comment before those decisions affected his employment.

Matched passage: Separately, in March 2023 co-workers raised concerns about workplace behaviour (including horseplay in-store and taking non-alcoholic drinks without paying immediately).
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2023] NZERA 568 - compliance order declined after late payment; further costs awarded

Bridget Addy had already obtained an unjustified-dismissal determination and costs against Auckland Steam 'N' Dry and Graeme Stephens. When the ordered sums were not paid on time, she returned to the ERA seeking a compliance order and related relief.

Matched passage: ... At a glance Citation: [2023] NZERA 568 Registry: Auckland Authority member: Peter Fuiava Investigation meeting: On the papers Determination date: 29 September 2023 Core point: The respondent was late paying earlier ordered sums, but had paid by the time this compliance ...

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