• Auckland Wood Waste Removals Ltd v Manavese

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - Applicant sought rehearing of respondent’s successful personal grievance claim - Applicant had not filed statement in reply or appeared at investigation…
    Result:
    Application dismissed ; Costs reserved
  • Routhan v The Plumbers, Gasfitters & Drainlayers Board

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant advised respondent conducting disciplinary investigation into applicant obtaining legal opinion – Subsequently investigation taken over by other concerns of respondent – Applicant advised respondent would carry…
    Result:
    Applications dismissed (Dismissal)(Disadvantage)(Counterclaim) ; Costs reserved
  • Armstrong v Signature Homes Hawke's Bay Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful jurisdiction claim – One day investigation meeting – Respondent sought $6,000 contribution to costs – Respondent claimed applicant on notice chances of success slim – Applicant claimed…
    Result:
    Application dismissed ; Costs reserved
  • Roosing v Avon Picture Mouldings Ltd

    E Robinson [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant upset following discussion about job with Manager (“M”) – Applicant and colleague (“B”) got into heated altercation when B suggested applicant should receive…
    Result:
    Application dismissed ; Costs reserved
  • Marsters v Events Security Services Ltd (in liquidation)

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – No appearance for respondent – Respondent in liquidation – Liquidator granted approval for investigation meeting to continue – Credibility finding in favour of applicant…
    Result:
    Application granted ; Arrears of wages ($2043.00) ; Reimbursement of lost wages ($6370.00) ; Compensation for humiliation etc ($4000) ; Costs reserved
  • Ratcliffe v Weber

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – No appearance by respondent – Parties entered discussions for sale and purchase of applicant’s elephant which applicant owned for 30 years –…
    Result:
    Applications granted ; Reimbursement of lost wages ($3,000) ; Interest ($159) ; Compensation for humiliation etc ($10,000) ; Arrears of annual holiday pay ($11,538.46) ; Arrears of statutory holiday pay ($1,714.28) ; Costs reserved
  • Forsbrey v Waitangi National Trust

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed resignation was constructive dismissal - Applicant claimed respondent failed to provide safe workplace as required - Claimed relationship of trust, confidence, and…
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Meat Workers and Related Trade Workers' Union v Affco (NZ) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Parties in dispute over terms and conditions of employment at respondent’s Wairoa plant - Applicant sought compliance with written trial arrangement (“TA”) - Respondent claimed parties agreed…
    Result:
    Application dismissed ; Costs reserved
  • Drake v The Pub Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed resignation was constructive dismissal - Applicant wanted Authority to resolve issues about restructure, new contract, loss of wages,…
    Result:
    Applications granted ; Arrears of wages (Quantum to be determined) ($2,000)(Bonus) ; Interest (5%) ; Compensation for humiliation etc ($3,500) ; Costs reserved
  • Dickinson v Chief Executive Ministry of Social Development

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant issued with final warning for unauthorised access to records of clients known to applicant – Applicant charged with arson…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Costs reserved