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Results for workplace investigation

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Andrea Lawson v Luxottica Retail New Zealand Limited [2026] NZERA 52 - investigation process disadvantages upheld; $15,000 compensation and $3,000 good faith penalty

Store manager Andrea Lawson challenged Luxottica's investigation and employment treatment after concerns were raised about store performance and policy compliance. Her case included disadvantage claims, dismissal allegations and an argument that the employer had failed to accommodate a medical condition.

Matched passage: Why this case matters If you run a workplace investigation, give the employee a clear process roadmap (terms of reference or equivalent).
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.

Matched passage: The Authority also regarded the overlap between the two investigations as problematic.
KINZETT v FIRE AND EMERGENCY NEW ZEALAND [2025] NZERA 132 - dismissal unjustified; investigation disadvantages justified

Fire and Emergency New Zealand investigated complaints involving firefighter Russell Kinzett and two other firefighters before summarily dismissing him. Mr Kinzett challenged both the investigation process and the dismissal, and was later interim-reinstated.

Matched passage: The 12 April 2024 letter from FENZ shows that the decisionmaker had considered the feedback provided by Mr Kinzett, and rather than accepting the Investigation Report in full, Mr Guard found that one of the allegations against Mr Kinzett could not be substantiated.
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: ... not to suspend Ms Moke while the concerns raised by the complaints of Mr A and Mr B were investigated and the initial private mediation held to discuss kanohi ki te kanohi how those complaints might be resolved. Reliance on incomplete investigation [109] There was a ...
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: The workplace investigation and dismissal The workplace investigation continued for many months.
Santamaria v Television New Zealand Ltd [2026] NZEmpC 210 - lawyer-led workplace review was not legally privileged

In an interlocutory Employment Court judgment, TVNZ failed to establish legal advice privilege over the Robins Report, a lawyer-led review of recruitment and workplace processes. The Court also rejected broad non-publication orders based only on general privacy and reputational concerns. The substantive dispute remains unresolved.

Matched passage: Why this case matters For workplace investigations and reviews, Santamaria is a valuable drafting and commissioning case.
VLN v Elizabeth Rose Dotcom, Kim Dotcom and Contractors Only Limited [2026] NZERA 508 - urgent removal to Employment Court

VLN brought claims about employment status and minimum employment standards arising from work at properties associated with Elizabeth and Kim Dotcom. With possible extradition affecting witness availability and enforcement, VLN sought urgent removal of the whole proceeding from the ERA to the Employment Court before the Authority investigation occurred.

Matched passage: What the Authority decided in this determination was that the entire proceeding should be removed urgently to the Employment Court before the Authority investigated it.
O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 56 - disadvantage claims decided; later dismissal claims left separate

Ms O'Brien's proceeding against The Platform concerned employment grievances arising before her later dismissal. After the investigation meeting she sought to add dismissal-related claims, creating a procedural dispute about whether those new matters belonged in the determination already under way.

Matched passage: In summary, The question of whether the Authority's investigation should include the dismissal related claims, which were lodged after the investigation for this matter concluded, was the subject of disagreement.

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