Find out why the ERA denied the worker's request to reopen the investigation
The Employment Relations Authority (ERA) declined a worker's application to reopen her case after she won four workplace disadvantage claims but lost her dismissal and discrimination claims, with the Authority finding no new evidence warranted reconsideration.
The worker had previously succeeded on claims involving suspension, workplace teasing, removal of supervisory duties, and procedural failures, but was unsuccessful on medical incapacity dismissal and disability discrimination claims.
She sought to reopen the case, arguing errors in findings and unresolved wage issues.
The ERA found the application merely attempted to re-argue claims already decided without presenting new evidence that was unavailable during the original investigation.
The Authority declined the reopening application, noting a challenge was already lodged in the Employment Court.
The Authority's original determination dated 5 March 2025 upheld four disadvantage claims against the employer relating to workplace suspension, regular teasing and joking, unilateral removal of supervisory duties, and procedural failures in addressing grievances while simultaneously investigating the worker's conduct.
The worker was unsuccessful with claims for unjustified dismissal based on medical incapacity and workplace discrimination on grounds of disability due to dyslexia.
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