• Janes v Waihi Beach Service Station Ltd t/a Gas Waihi Beach

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Respondent advised by customer daughter’s vehicle had been filled with diesel, not petrol – Respondent checked surveillance tapes and applicant identified as person responsible…
    Result:
    Application granted ; Compensation for humiliation etc ($1,500) ; Counterclaim dismissed ; Costs reserved
  • Peters v Aorere College Board of Trustees

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – 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
  • AFFCO New Zealand Ltd v Graham and Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Restraint of Trade – Applicant sought interim injunction to prevent first respondent working for second respondent during three month restraint of trade previously agreed between parties – First…
    Result:
    Application granted ; Costs reserved
  • Harris and Anor v North Dunedin Holdings Ltd and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicants sought compliance with record of settlement - Respondents promised to pay applicants $20,000 by specified date – Applicants claimed respondents failed to comply with terms of…
    Result:
    Application adjourned (compliance order) ; Costs in favour of applicants ($1,500)
    • 24 May 2011

    • [2011] NZERA Christchurch 71

  • Conway v Barrier Roofing Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – 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
  • McDonald v Slinkskins Tannery Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant member of union and party to collective employment agreement (“CEA”) - Applicant twelfth out of 26 employees on seniority list – Respondent experiencing downturn…
    Result:
    Application granted ; Reimbursement of lost wages ($3,600) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Andersen v Slinkskins Tannery Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant member of union and party to collective employment agreement (“CEA”) - Applicant eleventh out of 26 employees on seniority list – Respondent experiencing downturn…
    Result:
    Application granted ; Reimbursement of lost wages ($10,000) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Mackintosh v Department of Labour

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision not eligible for paid parental leave (“PPL”) – Applicant self employed and required by Parental Leave and Employment Protection Act 1987…
    Result:
    Application dismissed ; No order for costs
  • Tanner v Todd & Pollock Haulage (2006) Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed resignation was constructive dismissal - Applicant claimed respondent breached duty to provide safe workplace by failing to deal properly with sexual harassment…
    Result:
    Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Loss of future earnings ($16,320) ; Compensation for humiliation etc ($25,000) ; Costs reserved
  • Kaipara v Carter Holt Harvey Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant attended respondent’s health and safety training – Training included using employee padlocks to isolate jammed machines – Training reiterated was company policy under no circumstances could…
    Result:
    Application dismissed ; Costs reserved