• New Zealand Maori Arts & Crafts Institute t/a Te Puia v National Distribution Union and Anor

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Whether applicant could unilaterally require respondent union members to work on statutory holidays – Applicant tourism business operating every day of year – Applicant traditionally allowed members to…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Page v New Zealand Language Centres Ltd (formerly GEOS (New Zealand) Ltd)

    D Asher [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant (Mr Page – Employee) claimed unjustifiably disadvantaged when respondent’s (NZ Language Centre Ltd – Employer) owner made announcements at overseas regional conference removing regional director function…
    Result:
    Applications granted (Disadvantage)(Dismissal) ; Reimbursement of lost wages (6 months) ; ($8,076)(Higher duties allowance) ; Recovery of monies ($14,556 NZD & $21,855 AUD)(Superannuation shortfalls) ; ($31,849)(Long service leave) ; Arrears of wages and holiday pay ($11,305) ; Compensation for humiliation etc ($21,000) ; Application dismissed (Counterclaim) ; Costs reserved
  • Samoa v Rush Security Services Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant claimed raised unjustified disadvantage grievance within time – Respondent argued grievance raised out of time – Argued not just to grant leave as would cause…
    Result:
    Application granted ; Parties directed to mediation ; No order for costs
  • Radu v Duct Work Specialities Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified – Respondent argued dismissal justified as fixed term EA expired – Alternatively argued redundancy genuine – Applicant commenced employment…
    Result:
    Application granted (Unjustified dismissal – Redundancy) ; Application dismissed (Unfair Bargaining) ; Reimbursement of lost wages ($9,550) ; Compensation for humiliation etc ($3,000)(Redundancy)
  • Maio v Effective Fencing Ltd and Ors

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed first respondent applicant’s employer – Claimed first respondent owed applicant arrears of wages for commission made on sales – Authority’s…
    Result:
    Application dismissed ; No costs award
  • Wambura v Cook/McLeod Sharemilkers

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant claimed unjustifiably dismissed –Applicant claimed entered fixed term employment agreement with respondent – Applicant claimed one month holiday taken to Kenya – Applicant prevented from…
    Result:
    Application dismissed ; No order for costs
  • Gardner v Radioworks Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissal substantively and procedurally unjustified – Respondent argued redundancy for genuine business reasons and applicant advised of redundancy process – Respondent restructured business…
    Result:
    Application dismissed ; Costs reserved
  • Zeng v Air New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Respondent claimed never employed applicant – Found advice of applicant’s advocate to respondent did not raise personal grievance – Found applicant’s delay in raising personal grievance…
    Result:
    Application dismissed ; Costs reserved
  • Thamer v Electronic Company of New Zealand (1971) Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor Performance - Three days into applicant’s employment serious concerns raised about applicant’s skill level - Respondent concluded applicant did not possess fundamental skills and abilities to…
    Result:
    Application dismissed ; Costs reserved
  • Richards v The Vice-Chancellor of the University of Waikato

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – BREACH OF CONTRACT – Applicant claimed respondent’s decision to decline applicant’s study leave request caused unjustified disadvantage – Claimed decision in retaliation of applicant’s formal disclosure against…
    Result:
    Application granted ; Order declined ; Compensation for humiliation etc ($2,000) ; No order for costs