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Results for suspension

Showing 25-32 of 44 results
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: Garden leave, suspension, and the disciplinary meeting On 27 November 2024, FutureCo placed Mr Bly on paid garden leave and issued a letter proposing paid suspension while it investigated misconduct allegations.
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: ... attributed this to retaliation connected with Ms Xiao's complaint. Ms Liu - threatened with suspension, then removed from WhatsApp and given no further work Ms Liu worked as a delivery driver (12 December 2023 to 22 February 2024) and then as a warehouse worker (22 February to ...
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: It cited Employment Court authority emphasising suspension should be handled humanely and that fairness requires: the employee is told suspension is contemplated, the reasons why, and is given an opportunity to be heard before a decision is made.
Yu Chunyan, Sun Tingting, Liu Danhua, Zhang Shijie v Miaodi's Laundromat Ltd t/a Mr Suds and Yang Yang [2026] NZERA 31 - Unjustified dismissal, wage arrears, compensation and penalty

Four workers at Miaodi's Laundromat alleged their employment was ended without a fair process and that significant wage and holiday entitlements had not been paid. The proceeding also involved personal liability and penalties for minimum employment-standard breaches.

Matched passage: In February 2024, after the employer carried out visa checks, a message was sent in the workplace WeChat group suspending the four applicants "effective immediately".
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Matched passage: Unjustified suspension Suspension: the Authority found the employer announced suspension via group chat without first seeking the employee's comments, contrary to contractual and good faith obligations.
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: Ms Kaushal says she was unjustifiably suspended on 10 September 2025 and unjustifiably dismissed on 12 September 2025.
MTY v Transport (Waimate) Limited [2025] NZERA 510 - Unjustified dismissal upheld; $57,298.10 remedies (costs reserved)

A truck driver said Transport (Waimate) had effectively sent him away after a difficult meeting and then prevented a normal return to work. The employer maintained that he had resigned, making the central issue whether its actions objectively amounted to dismissal.

Matched passage: Later, when the employee came to the office, he was given a printed email which, in effect, suspended him without pay until the managing director returned from holiday overseas.
HILL v TAMAKI LABOUR HIRE LIMITED [2025] NZERA 100 - personal grievance partly successful; remedies limited to proven breaches

Mr Hill challenged the ending of his employment with Tamaki Labour Hire and associated treatment during the employment relationship. The case required the ERA to separate the parts of his grievance that were established from claims for which the evidence did not justify relief.

Matched passage: Remedies [80] Ms Hill has established personal grievances for unjustified dismissal and unjustified disadvantage in relation to the suspension.

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