• Brooking v Idea Services Ltd (in statutory management)

    D King [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed grievance raised outside 90 day period – Applicant’s advocate sent…
    Result:
    Application dismissed ; Costs reserved
  • Gethen and Ors v The Board of Trustees of Kerikeri High School

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of parties’ employment agreement (“EA”) - Whether applicants’ employment on fixed term basis lawful - Applicants sought order that respondent could not rely on fixed term to…
    Result:
    Questions answered in favour of respondent ; Costs reserved
  • Spake v Vehicle Testing New Zealand Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment – Applicant claimed frightened of respondent station manager (“J”) – Applicant claimed…
    Result:
    Application granted ; Contributory conduct (30%) ; Reimbursement of lost wages (12 months reduced by 30%) ; Compensation for humiliation etc ($15,000 reduced to $10,500) ; Costs reserved
  • Brown (Labour Inspector) v North West Logging Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Authority determination – Respondent failed to file statement of reply – Matter dealt with on papers – Applicant drafted letter requesting respondent pay…
    Result:
    Compliance ordered ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Connolly v Brinkman and Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – UNJUSTIFIED DISADVANTAGE – Applicant took time off to attend doctor for sinus irritation and subsequently took two days leave – Applicant claimed penalised for…
    Result:
    Applications dismissed ; Costs reserved
  • Papera v OCS Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant’s employment transferred to respondent when university cleaning contract lost – Applicant covered by written employment agreement which applicant…
    Result:
    Application dismissed ; Costs in favour of respondent ($1,500)
  • Mackie v South Pacific Meats Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant (Ms Mackie – employee) employee – Applicant claimed was employee of respondent (South Pacific Meats Ltd – employer) and was unjustifiably dismissed – Applicant received letter…
    Result:
    Application granted (unjustified disadvantage)(arrears of bonus payment) ; Reinstatement ordered on condition ; Reimbursement of lost wages ($9,852) ; Compensation for humiliation etc ($10,000) ; Arrears of bonus payment ($500) ; Application dismissed (jurisdiction)(breach of contract) ; Costs reserved
  • Goudswaard v Agriterra Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Motorbike suffered significant damage when applicant was riding it and not immediately repaired – Respondent claimed applicant demanded farm motorbike…
    Result:
    Applications dismissed ; Costs to lie where they fall
  • Wetthai v NCSA Holdings Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Honeyfield v Reid Holdings Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for breach of settlement agreement and breach of duty surviving employment by respondent – Applicant dismissed for alleged breach of lawful instruction from…
    Result:
    Application granted (penalty)(compliance order) ; Penalty ($1,000)(Payable to applicant) ; Compliance ordered ; Application dismissed (breach of contract) ; Costs reserved