The case emerged from a 2020 restructure at Whangārei Hospital’s laboratory, which faced potential loss of accreditation. Yang moved into the Microbiology department, where new management soon identified concerns about technical aspects of her work.
What followed was remarkable in scope. Witnesses for Health NZ testified that the training plan starting in June 2022 was “the most comprehensive training plan that had ever been offered within the laboratory.” It involved supervision, feedback, and targeted skill development across multiple workstations.
Initially, the plan showed promise. But by October and November 2022, concerns mounted. By December, Yang was deemed competent on only two of seven benches and couldn’t return to shift work without supervision.
That’s when things shifted. Health NZ moved from support mode to disciplinary proceedings, advising Yang in late December that dismissal was under consideration. The problem? The Authority found Yang had been “effectively blind-sided” by this pivot.
The Court emphasized this point, noting that while Yang had agreed to undertake the training plan after significant consultation, she “was unaware that if she failed to satisfactorily complete the training plan her employment was at risk.”