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Results for mediation

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HARRY SAMPSON v LYTTELTON PORT COMPANY LIMITED [2026] NZERA 17 - Preliminary time limit ruling; grievance in time; mediation directed.

Harry Sampson's proceeding against Lyttelton Port Company raised a preliminary 90-day time-limit issue before the merits of his personal grievance could be investigated. The employer argued the grievance was out of time; Mr Sampson relied on the communications by which he said it had been raised.

Matched passage: The Authority directed the parties to mediation.
Fatima Fahmy v Minimarc Childcare Centre Inc [2026] NZERA 585 - performance dismissal lacked objective assessment

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Matched passage: Reinstatement, mediation and monetary remedies The Authority ordered Ms Fahmy's reinstatement.
Shania Mackey v Shearing NZ Limited [2026] NZERA 146 - employer withheld s 149 settlement payments after alleged confidentiality breach; compliance ordered; penalties adjourned

Shania Mackey and Shearing NZ settled a personal grievance at mediation under s 149, requiring compensation, payment of representative fees and a certificate of service. The employer later withheld those obligations after hearing that Mackey had allegedly breached confidentiality.

Matched passage: 2) Confidentiality: what breaches were proved The Authority explained that s 148 makes mediation communications inadmissible, so evidence about what was said in mediation had to be put to one side.
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 number of the complaints had the character of performance or competency issues which called for remediation rather than summary dismissal.
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: Although the employment agreement allowed relocation after consultation and the employer intended the transfer to be temporary pending mediation, no mediation date had been set and no genuine opportunity to comment was given.
Cameron Keen v Prestige Paving NZ Limited [2026] NZERA 344 - unjustified dismissal after employer stopped providing work and pay

Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.

Matched passage: It did not respond to a request for mediation and did not participate in the Authority investigation process.
Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.

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