New energy after Lengthy ERA Case Decided - Real Cases
- Ruth Pettengell
- Mar 19
- 2 min read
It was great to catch up with Preeti Mala in Manukau, Auckland in March 2026. I first met Preeti in June 2023 when she couldn’t stop crying due to an ongoing Suspension and Disciplinary Investigation at Spectrum Care Limited. The process took a huge toll on her over the 5 weeks it took to find she had done nothing wrong. Now seeing Preeti smiling and confident makes me proud to be her Employment Advocate.
Preeti has a Bachelor of Social Work and had a caregiving role at Spectrum Care looking after a very special client. Spectrum Care started a Disciplinary Investigation when Preeti’s co-worker misunderstood Preeti’s work with the client and made a report on the basis of misunderstanding. Preeti was cleared of all allegations, but she was left burned out by the unequal processes and lack of communication from Spectrum Care.
Preeti raised her own allegation of bullying against the co-worker and waited to hear what the outcome would be. Spectrum Care did not communicate with Preeti when she requested investigation of her own complaints, which left her feeling unsupported. She resigned because she did not feel heard.
One of my first actions as Preeti’s Employment Advocate was to approach Spectrum Care with a possible solution to resolve the situation as soon as possible. My approach was rejected and the organisation would not admit any fault. To get resolution Preeti had to take her case to the Employment Relations Authority. Two years and two months later Preeti received validation that Spectrum Care’s communication had been insufficient and their processes had Unjustifiably Disadvantaged her. She was awarded financial compensation.
Preeti’s claim that she was forced to resign was not successful as Spectrum Care had offered a sideway move so she could avoid her co-worker. Preeti did not accept the new role as it meant leaving the client she adored. The Employment Relations Authority found she could have given the offer a chance. Despite her claim for Constructive Dismissal not meeting the legal standard Preeti is pleased to have continued her case and held her past employer accountable for unfair Disciplinary processes.
The compensation Preeti has been awarded has allowed her to start a Master of Counselling with Manukau Institute of Technology and she is meeting many new interesting people. Preeti is excited for the future and no longer cries. All the best Preeti, you are a real life success story.