Worker has arguable case over dismissal but serious stalking and harassment allegations tip balance against interim reinstatement

A former Auckland Transport parking officer dismissed over alleged stalking and harassment has been refused an interim return to work, despite the Employment Court finding he has an arguable case that his dismissal was unjustified.

Judge Kathryn Beck upheld an earlier Employment Relations Authority (ERA) decision declining interim reinstatement for the worker, known only as FHE because of strict non‑publication orders.

The judge accepted that FHE has "an arguable case for unjustified dismissal with some serious or arguable, albeit not certain, prospects of success" and that he also has a case, though "not a particularly strong one," for permanent reinstatement if he ultimately succeeds.

However, she ruled that the seriousness of the allegations, and the potential safety and reputational consequences if they are later proven, outweigh the financial and personal hardship the former officer is currently suffering.

Harassment allegations

FHE began working for Auckland Transport (AT) in 2018 and, after training, was issued a warrant as a parking officer, authorising him to enforce parking rules and require information from members of the public.

In May 2025, AT summarily dismissed him for alleged serious misconduct. The employer alleged he had:

• used an AT email account to send emails to harass a former AT employee (the complainant) between June and...

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