• Smith v Usher Group Holdings Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant raised personal grievance relating to alleged sexual harassment within…
    Result:
    Application granted ; Costs reserved
  • Goodman v Rooney Earthmoving Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found delay between accident and disciplinary meeting reasonable – Found respondent should have adjourned disciplinary meeting,…
    Result:
    Application dismissed (unjustified dismissal); Application granted (Counterclaim)(Breach of Contract); Damages ($9,310.48); Costs reserved
  • Rochford v Vice-Chancellor, University of Otago

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant did not have opportunity to comment on reviews of applicant's work - Found respondent's…
    Result:
    Application granted; Compensation for humiliation etc ($4,500); Costs reserved
  • Canterbury Education Services Society Ltd v Gillam

    R Larmer [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Determination of preliminary matter - Respondent sought to strike out applicant's claim respondent had breached confidentiality obligations under parties' employment agreement and settlement agreements (SA") - Respondent claimed…
    Result:
    Application dismissed ; Costs reserved
  • Mitchell v Eastland Group Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant defaced company documents – Found applicant bullied co-workers – Found applicant’s failure to report…
    Result:
    Applications dismissed (unjustified dismissal)(counterclaim)(practice and procedure – order for breach of mediation confidentiality); Application granted (counterclaim)(practice and procedure – order for destruction of respondent’s material on applicant’s computer); Order made; Costs reserved
  • Wareing v Tyco New Zealand Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Authority found respondent sufficiently investigated allegations and gave applicant reasonable opportunity to comment - Found fair and…
    Result:
    Application dismissed ; Costs reserved
  • Grant v Hebberd Bus Services 2009 Ltd

    D King [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent - Authority found respondent did not carry out investigation and applicant …
    Result:
    Applications granted (unjustified dismissal, unjustified disadvantage and arrears of holiday pay); Contributory conduct (15%) ; Reimbursement of lost wages ($309.40)(unjustified disadvantage) ; Reimbursement of lost wages ($2,618)(unjustified dismissal) ; Compensation for humiliation etc ($8,500)(unjustified disadvantage and dismissal) ; Arrears of holiday pay ($2,650.24) ; Application dismissed (arrears of wages) ; Costs reserved
  • Mercer-Black v Zibatsu 2006 Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One and a half days investigation meeting - Respondent sought contribution towards costs - Respondent made $4,000 Calderbank offer - Authority found applicant's…
    Result:
    Costs in favour of respondent ($8,000)
  • Vlug v Asnet Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent presented restructuring proposal to employees and set out reasons for restructure – Applicant’s position affected – Applicant…
    Result:
    Application dismissed; Costs reserved
  • ABC Developmental Learning Centres (NZ) Ltd v O'Meara

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – RECOVERY OF MONIES – Applicant sought damages for respondent’s breach of return of service agreement (“ROS”) – Applicant sought recovery of wages paid to respondent during…
    Result:
    Application granted (breach of contract and recovery of monies); Damages for breach of contract and recovery of monies ($11,987.67); Application dismissed (counterclaim)(arrears of wages)