• Stewart & Anor v The Salvation Army

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Applicants claimed by virtue of contractual arrangements and length of service entitled to 5 weeks annual leave – Respondent argued applicants only entitled to 4 weeks annual leave…
    Result:
    Orders accordingly
  • Stevens v Air New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Authority found deficiencies in pleadings – Found no live claim for unjustified dismissal – Found redundancy genuine – Found respondent acted fairly and reasonably –…
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc v Amcor Packaging (New Zealand) Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of collective employment agreement – Applicant claimed authorised absences added to hours actually worked whilst unauthorised absences deducted from 40 hour week rather than from hours actually…
    Result:
    Questions answered ; Costs reserved
  • Callaghan v The Proprietors, Whareroa Station Inc

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant hired as shepherd at station – Station had two other permanent employees; farm manger (“L”) and farm manger’s son (“A”) – Applicant and A in relationship…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,000) ; Compensation for humiliation etc ($5,000)(Unjustified dismissal) ; Compensation for humiliation etc ($5,000)(Unjustified disadvantage) ; Arrears of holiday pay ($1,144.62) ; Costs reserved
  • French v Accident Compensation Corporation

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant advised as result of legislative changes, position being disestablished, and would have opportunity to apply for role within internal group (“C”) –…
    Result:
    Application dismissed (Disadvantage) ; Orders accordingly ; Costs reserved
  • Goodhew and Anor v Green Tulip Box Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought unpaid wages and holiday pay and reimbursement of expenses – Applicants claimed parties agreed if applicants unable to take leave due…
    Result:
    Application granted (arrears of wages and holiday pay) ; Application dismissed (penalty) ; Arrears of wages and holiday pay ($13,990.88)(first applicant) ($13,990.88)(second applicant) ; Reimbursement of expenses ($530.25)(applicants jointly) ; Interest (5%) ; Costs reserved
  • Costley v Waimea Nurseries Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent for allegedly using illegal drugs during work hours – Respondent claimed manager believed applicant and colleague (“A”) used…
    Result:
    Application granted ; Contributory conduct (100%) ; Costs reserved
  • Saunders v Paul James Contract Services Ltd t/a PJs Cartage

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Authority found disadvantage grievances not raised within 90 day period – Found no application made to raise grievances out…
    Result:
    Applications dismissed ; Costs reserved
  • Burch v Rush Security Services Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed not provided with rest and meal breaks – Applicant claimed respondent did not provide relief…
    Result:
    Application dismissed ; Costs reserved
  • Quin v Trucking Relief (Waikato) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following period of leave – Applicant undertook delivery work on behalf of respondent for client (“E”) on casual basis – Applicant claimed promised…
    Result:
    Application dismissed ; Costs reserved