• Brocklehurst v KBM Machine Maintenance Ltd

    R A Monaghan [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Applicant claimed exceptional circumstances existed justifying leave – Applicant claimed unjustifiably disadvantaged and dismissed by respondent…
    Result:
    Application granted ; Costs reserved
  • Pettigrew v Stainless Down Under NZ Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant received numerous complaints from employees about use of certain products and chemicals – Applicant claimed respondent director…
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • New Zealand Merchant Service Guild IUOW Inc. v Holcim (NZ) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Whether collective employment agreement (“CEA”) complied with Holidays Act 2003 with respect to alternative holidays – Authority found parties had long-standing agreement that alternative holidays were to be…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • van den Ende v The Vintage Aviator Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Employee (“S”) claimed pushed into moving machinery by applicant – S threw metal bracket at applicant which hit applicant in…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Ahn v Woo & Ok Partnership

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant included in costs claim invoice from company that provided chargeable services to applicant’s representative – Authority regarded company principal (“S”)…
    Result:
    Application dismissed ; Costs reserved
  • Penney v Hambly

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employment relationship – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed not in employment relationship with applicant – Respondent sought childcare from private provider of educational…
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Public Service Association and Ors v Secretary for Justice

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties agreed Authority to determine whether respondent’s actions breached s6 Wages Protection Act 1983 (“WPA”) – Respondent recovered overpayments made to employees who had taken industrial action –…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Penny v Direct Freight Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed dismissal justified by existence of 90 day trial period, applicant’s poor performance and applicant’s inability to continue to…
    Result:
    Application granted ; Reimbursement of lost wages ($10,240 net) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Tomo v Checkmate Precisions Cutting Tools Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether accord and satisfaction – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed binding agreement reached to settle matter – Applicant invited to attend meeting…
    Result:
    Application dismissed ; Costs reserved
  • Snell v New Zealand Institute of Science and Technology Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Respondent gave applicant two weeks’ notice and respondent’s manager told applicant notice due to decreased number of intermediate…
    Result:
    Applications granted ; Reimbursement of lost wages ($2,400) ; Reimbursement of KiwiSaver contribution ($48) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($956) ; Arrears of holiday pay ($360) ; Arrears of KiwiSaver contribution ($19.12) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)