• Eagles v State Services Commissioner

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent for failing to attend disciplinary meeting as complainant; failing to attend medical assessment; and failing…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage – Suspension) ; Compensation for humiliation etc ($2,500) ; Costs reserved
  • Coventry v Digi Poll Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicant permanent employee – Applicant claimed permanent employee as employment relationship continued after expiry of first fixed term employment agreement (“EA”) – Respondent argued applicant…
    Result:
    Application granted (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage) ; Reimbursement of lost wages ($7,492.16) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Mudford v RCS Computers Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful application for compliance order – Less than one day investigation meeting – No appearance for respondent – Outstanding payment made evening before investigation meeting – Authority found…
    Result:
    Disbursements in favour of applicant ($70)(filing fee)
  • George v Auckland Regional Council

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant claimed dismissal for serious misconduct unjustified - Applicant also claimed unjustified disadvantage, breaches of contract and breaches of…
    Result:
    Application dismissed ; Costs reserved
  • Gaskin v Puriri

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for respondent – Authority satisfied applicant unjustifiably constructively dismissed – Found applicant entitled to $3,068 reimbursement of lost wages – Found $4,000…
    Result:
    Application granted ; Reimbursement of lost wages ($3,068.52) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($1,368.13) ; Arrears of holiday pay ($143.20) ; No order for costs
  • New Zealand Public Service Association Inc v Waitemata District Health Board and Ors

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Whether meaning of “duty” in collective employment agreement (“CEA”) included overtime hours – Applicant sought declaration provisions in CEA meant employees who worked for 10 hours entitled to…
    Result:
    Question answered in favour of respondents ; Declaration declined ; Costs reserved
  • Utai v Chief Executive of the Department of Labour

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant’s claim about dismissal from job in Apia, Samoa to be heard under Samoan or New Zealand law – No appearance for applicant – Applicant dismissed for…
    Result:
    Applications dismissed ; Costs reserved
  • Leevey v Newmarket Guard Services Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Unsuccessful arrears of holiday pay claim - Length of investigation meeting not specified - Respondent sought full costs of $9,136 - Applicant claimed costs…
    Result:
    Costs in favour of respondent ($1,850)
  • Lee v Yoon and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following altercation with first respondent – Respondents argued applicant terminated employment relationship on own initiative – Applicant experienced difficulties with immigration matters to…
    Result:
    Application granted (Arrears of wages)(Arrears of holiday pay)(Recovery of monies) ; Application dismissed (Unjustified dismissal) ; Arrears of wages ($1,860) ($1,920)(Pay for day in lieu) ; Arrears of holiday pay ($1,959.36) ; Interest (3.25%) ; Recovery of monies ($648)(Overpayment of wages) ; Costs reserved
  • New Zealand Nurses Organisation v Whangaroa Health Service Trust

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Interpretation of Collective Employment Agreement (“CEA”) - Dispute as to interpretation, application and operation of Retirement Gratuity provisions in CEA - Retirement gratuities were “grandparented” when respondent took…
    Result:
    Questions answered ; Costs reserved