• Burtton v Talley's Group Ltd

    R Larmer [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Respondent conducted drug search on fishing vessel applicant worked on – Respondent had contractual right to conduct search – Drug dog took particular interest in applicant’s luggage…
    Result:
    Application granted ; Reimbursement of lost wages ($35,967.10)(parties to determine if bonuses to be included in award) ; Interest (8.4%) ; Compensation for loss of benefits (parties to determine quantum if any) ; Compensation for humiliation etc ($23,000 reduced to $18,400) ; Contributory conduct (20%) ; Costs reserved
  • Browne v Talley's Group Ltd

    R Larmer [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Respondent conducted drug search on fishing vessel applicant worked on – Respondent had contractual right to conduct search – Drug dog took particular interest in applicant’s luggage…
    Result:
    Application granted ; Reimbursement of lost wages and bonuses (parties to determine quantum) ; Interest (8.4%) ; Compensation for loss of benefits (parties to determine quantum if any) ; Compensation for humiliation etc ($20,000) ; Penalty ($2,500)(payable to Crown) ; Costs reserved
  • Kruthoffer v DRK Chartered Accountants Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $3,000 contribution to costs – Respondent agreed with level of award - $3,000 contribution to costs appropriate
    Result:
    Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Beatty v SKF New Zealand Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – Applicant claimed respondent made negative comments about applicant to prospective employers contrary to SA – SA stated both parties…
    Result:
    Application dismissed ; Costs reserved
  • Schoenhardt v Allied Investments Ltd t/a Allied Security

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably constructively dismissed - Respondent denied applicant dismissed and claimed applicant abandoned employment - Applicant employed as casual employee to carry out…
    Result:
    Application dismissed ; No order for costs
  • Thompson v Tauranga Environment Centre Charitable Trust

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Fixed term employment - Applicant claimed respondent relied on unlawful fixed term agreement to terminate employment – Applicant claimed respondent did not act in good faith as…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($3,000) ; Application dismissed (arrears of wages) ; Costs reserved
  • Anderson v Promax Computers Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Director of respondent company (“D”) approached applicant and enquired whether applicant took money out of till –…
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Education Institute Inc v Board of Trustees of Te Mata School and Ors

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Interpretation of collective agreement (“CA”) - Appendix of CA provided for professional development opportunities for employees – Implementing…
  • Behan-Kitto v New Zealand Post Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant (Mr Behan-Kitto - employee) claimed unjustifiably dismissed by respondent (New Zealand Post Limited - employer) - Applicant previously placed on garden leave following…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages (reduced by 100%) ; Compensation for humiliation etc ($3,000 reduced to $2,000) ; Costs reserved
  • Hally Labels Ltd v Powell

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - RESTRAINT OF TRADE – Application for injunctive relief restraining respondent from working for competitor - Respondent resigned, gave two months notice and informed applicant taking up employment with…
    Result:
    Application dismissed ; Costs reserved