• MacFarlane v Dutch Village Trust

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Authority found necessary to refer in detail to confidential terms of settlement - Terms of settlement included that respondent would…
    Result:
    Application dismissed ; Costs reserved
  • Davidson v Bledisloe New Zealand Ltd t/a Gee & Hickton Funeral Directors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority previously found applicant’s final warning justified, but subsequent failure by respondent to allow applicant to return to…
    Result:
    Application granted ; Contributory conduct (25%) ; Compensation for humiliation etc ($7,000 reduced to $5,250) ; Reimbursement of lost wages (8 weeks reduced to 6 weeks) ; Costs reserved
  • Gudopp v Dhall & Nash Fine Wines Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent claimed had not breached terms of settlement – Term of settlement provided that respondent would supply employee with product…
    Result:
    Application dismissed ; Costs reserved
  • Nagra v The Chief Executive of the Department of Labour

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant arrested and charged with four dishonesty offences over seven years ago – Applicant suspended pending investigation – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Catton v Canam Interiors Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed respondent failed to prevent verbal abuse from respondent’s foreman (“T”) – Applicant claimed advised manager (“W”) of abuse, offered resignation but parties…
    Result:
    Application dismissed ; Costs reserved
  • Dayal v Seymour t/a Seymour Clean Schools

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Personal grievance resolved at mediation – Respondent sought costs and claimed applicant had incorrectly named respondent as employer – Applicant claimed respondent’s application for costs was unfair and…
    Result:
    No order for costs
  • Halliday v South Pacific Meats Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant claimed unjustifiably dismissed by respondent as applicant’s direct report (“S”) remained employed by respondent when redundancies made - Respondent consented to applicant raising grievance outside…
    Result:
    Application dismissed ; Costs reserved
  • Service and Food Workers Union Nga Ringa Tota Inc and Anor v Oceania Care Company (No 2) Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of collective employment agreement (“CEA”) – Respondent denied CEA provided for additional week of annual leave for employees with five or more years’ service – Respondent claimed…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Hutton and Ors v ProvencoCadmus Ltd (in receivership) and Ors

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicants employed within respondent group of companies when first respondent (“PCL”) placed into receivership – PCL had several trading subsidiary companies that…
    Result:
    Application dismissed ; Costs reserved
  • The New Zealand Public Sercive Association Inc v Chief of Defence Force in respect of the New Zealand Defence Force

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Interpretation of collective employment agreement (“CEA”) – Parties disputed operation of salary bands in CEA after realignment of salary band and pay progression structure – Applicant claimed CEA…
    Result:
    Questions answered in favour of respondent ; Costs reserved