• Harris v Fonterra Co-operative Group Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent plant manager (“R”) forwarded photographs of two respondent employees (M and J) suspending themselves on equipment…
    Result:
    Application dismissed ; Costs reserved
  • Anagap v Orwell Union Ltd

    D King [Employment Relations Authority - Auckland]

    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
  • Cann v Fandam Fitness Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought unpaid holiday pay – Applicant paid holiday pay calculated on basis applicant worked 30 hours per week – Parties accepted applicant worked more…
    Result:
    Application granted (arrears of holiday pay) ; Arrears of holiday pay ($811.90) ; Interest (5%) ; Application dismissed (penalty) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Chubb New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of collective employment agreement (“CEA”) – Matter determined on papers - Applicant claimed all employees employed for ten but not 15 years when parties’ CEA came into…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Gardner v Mallowbay Holdings Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Applicant contacted law firm (“G”) numerous times in attempt to raise grievance – Authority found applicant…
    Result:
    Application granted ; Costs reserved
  • Service & Food Workers' Union Nga Ringa Tota Inc and Ors v Pacific Flight Catering Ltd and Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Union sought compliance with s130 Employment Relations Act 2000 (“ERA”) – Members of first applicant (“Union”) affected by restructuring when catering contract was successfully tendered for by…
    Result:
    Application dismissed ; Costs reserved
  • Turners & Growers Ltd v Wagner and Anor

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    RESTRAINT OF TRADE – Applicant sought to enforce restraint of trade provision against first respondent (“W”) – Applicant claimed W required to have intimate knowledge of applicant’s business, customers, buying…
    Result:
    Application granted ; Costs reserved
  • Jarvis-Hall v Waikato Community Hospice Trust t/a Hospice Waikato

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Applicant claimed unjustifiably dismissed – Issues raised about applicant’s performance and weekly mentoring sessions held with Chief executive (“B”) – Performance management process…
    Result:
    Application dismissed ; Costs reserved
  • Machen v RD1 Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed as applicant had used respondent’s computer to retain offensive, racist and sexist…
    Result:
    Application dismissed ; Costs reserved
  • Marsic v Body Corporate 198245 (The Ridge)

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed never employed applicant – Applicant claimed parties had mutual intention to enter employment relationship before…
    Result:
    Application dismissed ; Costs reserved