Fear of an employee's reaction is never a defence for bypassing fair process
A New Zealand engineering firm has been ordered to pay six months' lost wages plus compensation after suspending and dismissing an engineer without giving her the chance to respond first.
The case, decided by the Employment Relations Authority on 22 April 2026, offers a sharp lesson for HR teams about what happens when fear of an employee's reaction overrides the duty to give them a fair hearing. Permanent non-publication orders were made covering the employee, the employer and its witnesses, with the Authority finding that the evidence regarding the employee's personal situation would be reasonably likely to cause her significant harm, if published.
The structural engineer, identified only as FVG, had started work with the company in January 2022. Tensions surfaced almost immediately. By 1 April 2022, an administration assistant complained to the country manager about FVG, alleging loud and rude behaviour and demeaning comments. FVG was not provided with a copy of the complaint and says she was not aware of it until February 2024.
After a new structural team manager was appointed in May 2022, the relationship between FVG and her manager deteriorated. There were disputes over emails sent to clients, accusations of shouting in the open-plan office, and FVG's mentions of going to court. In June 2023, FVG received a formal first written warning, with the company describing her behaviour as...
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