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Results for suspension

Showing 41-48 of 66 results
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.
MOKE v RAUKURA HAUORA O TAINUI TRUST [2025] NZERA 48 - external investigation and disciplinary process partly unjustified

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.

Matched passage: The determination records that The Trust's disciplinary policy also included a clause on suspension which said (quoted wording omitted).
Employment Law Help for Employers NZ | Staff Disputes, PGs and ERA Claims

Employer-side help for personal grievances, disciplinary problems, redundancy, mediation and ERA claims, with an emphasis on fixing process risks early and preserving evidence before positions harden.

Matched passage: Disciplinary processes: preparing allegation letters, meeting scripts, suspension letters, outcome letters, and process advice.

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