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Results for workplace investigation

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LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment

BAZ had genuine commercial reasons to make Luo's role redundant, but the employee was not given a fair opportunity to engage with the proposal or meaningful redeployment possibilities before the decision was made.

Matched passage: ... 549 Registry: Auckland Authority member: Helen van Druten Applicant: LUO Respondent: BAZ Investigation meeting: 18 November 2025 and 8 May 2026 Determination date: 12 August 2026 Outcome: unjustified dismissal established Compensation: $11,000 Lost remuneration: none awarded ...
Jonathan Rhodes v Barfoot & Thompson Limited [2026] NZERA 543 - medical incapacity dismissal before a genuine opportunity to recover

Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.

Matched passage: ... Teresa Brown for Mr Rhodes; Kiri Harkess and Sakshi Gulati for Barfoot & Thompson Investigation meetings: 24 March and 15 April 2026 in Auckland Determination date: 10 August 2026 Role: Senior Property Manager Length of service: approximately 12 years Outcome: ...
Briar Kennedy v Adulto HR Limited [2026] NZERA 537 - missing trial clause and predetermined performance dismissal

Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.

Matched passage: ... Adulto HR Limited Representatives: Paul Mathews for Ms Kennedy; Peter Cooper for Adulto Investigation meeting: 6–7 May 2026 in Dunedin Determination date: 7 August 2026 Role: bartender, intended to progress to duty manager Outcome: unjustified dismissal established Lost ...
Askkan Vakilipour Takaloo v Kaur Queens Trading Limited [2026] NZERA 507 - taxi driver was an employee and constructively dismissed

Kaur Queens Trading labelled taxi driver Ashkan Vakilipour Takaloo an independent contractor, but controlled and integrated his work into its taxi business. The relationship broke down amid withheld wages, aggressive verbal abuse and cancellation of his ability to work out his notice.

Matched passage: The company questioned the Authority's jurisdiction during case management but then failed to file a reply, provide documents or appear at the investigation meeting.
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: His continued work did not present an apparent health and safety risk or threat to the investigation.
Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real

After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.

Matched passage: The investigation was insufficient Rooney Earthmoving was a substantial regional business with several South Island branches.
Jia Jia v TBS Trading Limited and Helen Han [2026] NZERA 478 - no employment agreement, late wages and radio-silent dismissal

Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.

Matched passage: ... Han Representatives: Aimee Cai for Ms Jia; Helen Han in person and as director for TBS Investigation meeting: 5 February 2026 in Auckland and by audio-visual link Determination date: 20 July 2026 Role: retail sales assistant Employment period: 3 July 2024 to 15 September ...
Conner Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 480 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Conner Powell was made redundant by OH and N Contracting as forestry work wound down and no replacement work had been secured. The ERA accepted that business pressure was genuine but examined whether the employer consulted before deciding the redundancy and complied with notice and record obligations.

Matched passage: ... Claudia Serra for Mr Powell; Bradley and Chelsie Mooney for the respondents Investigation meeting: 5 May 2026 in Whanganui Determination date: 20 July 2026 Role: forestry worker Employment period: November 2022 to January 2025 Dismissal type: redundancy Business ...

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