Bodhi was barred from attending grand rounds and other meetings, while Samadhi was placed on paid discretionary leave and prevented from returning to the emergency department.
Bodhi lodged a statement of problem in the Employment Relations Authority (ERA) seeking reinstatement to grand rounds meetings – educational meetings where patient cases are discussed for learning purposes – and hospital-wide events.
Samadhi applied for interim reinstatement to the Emergency Department until her substantive claims were determined.
Both sought urgent interim relief restraining HNZ from progressing an external independent investigation into allegations about their workplace conduct until their substantive claims were determined by the authority.
Authority member Simon Greening declined both doctors’ applications for a permanent injunction preventing the investigation from proceeding, saying it needed to continue.
He granted Bodhi’s application for reinstatement to attend grand rounds and hospital-wide events.
Greening declined Samadhi’s application for reinstatement, saying overall justice favoured the investigation proceeding and her remaining on paid temporary discretionary leave.
At the time the complaint was made, Bodhi had been on leave since March 16 following what she described as the “March office incident”, which triggered a significant workplace-related psychological injury requiring two months of medical leave.
Auckland Hospital’s Dr Bodhi Wimalasena is being investigated after complaints were made about her conduct.
Samadhi was also on leave from March due to concerns about her health and wellbeing while working in the general medicine team.
On June 8, 2026, Bodhi returned to work but in a different department – older people’s health.
In July, she was notified in writing by Dr Ian Dittmer, Auckland Hospital’s director of adult medical and community services, of the complaint made against her in April.
The pair agreed her secondment to older people’s health would continue for up to eight weeks, with reviews every four weeks to consider the progress of the external investigation and whether the arrangements remained appropriate.
He also proposed interim working arrangements in light of the complaint and investigation.
Those included making advance arrangements if she needed to access her office in the general medicine department. She was also barred from attending general medicine clinical, operational or team meetings, including grand rounds and SMO meetings.
She then made her application to the ERA.
In her affidavit, Bodhi said she would suffer reputational, professional and psychological harm if the investigation proceeded and she remained unable to attend grand rounds and hospital-wide events.
She also submitted that because HNZ’s decision to investigate the complaint amounted to retaliatory behaviour, the investigation would proceed on a flawed foundation.
Dr Samadhi Wimalasena is also being investigated.
Greening said orders restraining an employer from investigating concerns about employee conduct would be rare.
He rejected HNZ’s argument that Bodhi’s attendance at grand rounds, which could result in interactions with complainants, would compromise the investigation, and ruled she could return to the meetings.
Meanwhile, Samadhi was notified of the complaint against her in June.
After a period of leave, she was ready to begin a graduated return to work on June 22, but two recommendations from an occupational health and wellbeing assessment needed to be considered.
Dittmer wrote to her outlining HNZ’s position on continuing paid discretionary leave in July. It was subsequently decided she would remain on temporary paid discretionary leave for up to eight weeks, with reviews every four weeks.
In her affidavit, Samadhi said she would suffer reputational, professional and psychological harm if the investigation proceeded and she was required to remain on paid discretionary leave.
In his decision, Greening said the key concern was the interactions Samadhi might have with complainants while working in the emergency department.
“It is not the interactions themselves which are of concern, but to what extent the unresolved complaints may contribute to and/or cause communication breakdown in the ED between any of the complainants and Dr Wimalasena.”
He declined her application for interim reinstatement.
Greening ruled neither doctor had raised a serious question to be tried in relation to their claims for a permanent injunction against HNZ’s decision to proceed with the investigation.
“The terms of reference for the investigation require the investigator to make recommendations to steps that can be taken to support a safe and constructive working environment and resumption of working relationships between the complainants and Dr [Bodhi] Wimalasena.
“This is a fundamental and important aspect of the investigation.”
In a statement on behalf of both doctors, Bodhi said they could not comment as they did not want to risk jeopardising a substantive hearing scheduled for December, where there would be “more context to the matter”.
Dr Mike Shepherd, HNZ acting executive regional director for the Northern region, said he could not comment on specific details of the litigation, confidential employment matters or investigations.
“We respect the ability for all staff to work safely and have a range of mechanisms available to support staff and address workplace concerns.”
Brianna McIlraith is a Queenstown-based reporter for Open Justice covering courts in the lower South Island. She has been a journalist since 2018 and has had a strong interest in business and financial journalism.
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