• Fitzpatrick v Eldercare Services Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Rumours and allegation of theft - No appearance…
    Result:
    Application granted; Reimbursement of lost wages ($4,157.16)(unjustified disadvantage)($17,072.51)(unjustified dismissal); Compensation for humiliation etc ($5,000)(unjustified disadvantage)($15,000)(unjustified dismissal); Costs reserved
  • Frazer v Pan Pacific Auto Electronics Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Employment concluded in 2007 - No appearance for applicant
    Result:
    Application dismissed; Costs to lie where they fall
  • Payne v Stravon Safaris Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether applicant knew about proposed restructure – Refusal to accept alternative position – Whether applicant indicated willingness to…
    Result:
    Applications granted (arrears of wages and holiday pay)(counterclaim – breach of contract)(counterclaim – recovery of monies) ; Arrears of wages and holiday pay (quantum to be determined) ; Damages ($18,126.39) ; Recovery of monies ($7,239.27) ; Applications dismissed (unjustified dismissal)(unjustified disadvantage)(counterclaim – penalty) ; Costs reserved
  • RCG Ltd v Bercich and Anor

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT - RESTRAINT OF TRADE - Applicant sought damages for first respondent's breach of employment agreement - Whether first respondent breached obligations of good faith, fidelity, and trust…
    Result:
    Application dismissed; Costs reserved
  • The New Zealand Post Primary Teachers Association v The Secretary for Education and Ors

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for joinder of proposed third and fourth respondents – Application for stay of proceeding – Whether proceeding should be stayed while Court of Appeal heard…
    Result:
    Applications dismissed ; Costs reserved
  • Agha v Greening t/a Furniture For Flats

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant in employment relationship with respondent - Whether applicant offered employment by respondent - Whether alleged offerer in position to offer employment - Work in exchange for…
  • X v Oceania Group (NZ) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $3,500 contribution towards costs - Authority found no reason related to bankruptcy status of applicant not…
    Result:
    Costs in favour of respondent ($3,500)
  • First Union Inc v General Distributors Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Parties disputed whether collective agreement complied with s69ZD - Whether respondent required to provide paid breaks to boners - Whether provision for rest and meal breaks…
    Result:
    Questions answered in favour of applicant; Costs reserved
  • Johansen v Mormilk Farm Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by warnings and unjustifiably dismissed by respondent - Poor timekeeping - Continually late to work - Unexplained…
    Result:
    Applications partially granted; Contributory conduct (50%); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($500); Arrears of holiday pay ($329.80); Recovery of monies ($ 431.25); Costs reserved
  • Shepherd v Community Business and Environment Centre Cooperative Society Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant attempted unsuccessfully to speak on issue of personal interest at local Council meeting…
    Result:
    Application dismissed; Costs reserved