• Taylor & Ors v Canterbury District Health Board

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    GOOD FAITH - DISPUTE - Respondent changed Resident Medical Officers (“RMO”) contractual entitlements for meal while on duty by withdrawing pre-packaged drinks from items available to select for meal -…
    Result:
    Orders made ; Costs reserved
  • Keach v Brown & Son Construction Ltd formerly Otago Building Services Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant offered and accepted contract for services with respondent - No written contract - Applicant generally advised or usually knew where expected…
    Result:
    Application granted ; Costs reserved
  • Kissick v Companies For You Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed – Applicant argued suffered disadvantage by reduction in working hours and income – Meeting held and applicant informed had to…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($500) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($70)(filing fee)
  • Alo v New Zealand Customs Service

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant suffered major depressive condition, post traumatic stress disorder and alcohol abuse following deployment to post boxing day tsunami relief effort where exposed to…
    Result:
    Application granted ; Reimbursement of lost wages ($164,027.50) ; Reimbursement of medical treatment costs ($21,507.25) ; General damages ($20,000) ; Compensation for humiliation etc ($40,000) ; Costs reserved
  • Greer v Pro Parts Palmerston North Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant resubmitted application seeking compliance with mediated settlement – Respondent agreed to pay applicant sum under settlement agreement – Payment not made by agreed date – Authority…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70.00)(Filing fee)
  • Young v Rooney Earthmoving Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – 100 percent contributory conduct – One day investigation meeting – Respondent sought costs – Applicant submitted costs should lie where they fall – Authority…
    Result:
    Costs in favour of respondent ($3,000)
  • Cousins & Anor v Booth

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful arrears of wages and holiday pay claim - Half a day investigation meeting - Applicants sought indemnity costs of $5,015 - Costs sought included costs associated with…
    Result:
    Costs in favour of applicants ($1,500)
  • Holmes v Meta NZ Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Application for leave to raise unjustified dismissal grievance out of time – Applicant supplied medical certificate and mentioned bereavements relating to failure to lodge application for…
    Result:
    Application dismissed ; Costs reserved
  • Matthews v Hamilton City Council

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed following physical altercation with member of public (“M”) – Also claimed unjustifiably disadvantaged by suspension – Respondent argued applicant breached…
    Result:
    Applications granted (Unjustified dismissal)(Unjustified disadvantage) ; Reinstatement ordered ; Reimbursement of lost wages (13 weeks) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Corrections Association of New Zealand v Chief Executive of the Department of Corrections

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant claimed respondent breached terms of collective employment agreement (“CEA”) by implementing new shift times – Applicant claimed respondent failed to consult about significant change to organisational structure,…
    Result:
    Questions answered ; Compliance ordered ; Costs reserved