• Parlane v Ron Dykman Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant informed respondent was pregnant – Applicant expected to work until one month before expected delivery date when became eligible for paid parental leave – Applicant agreed…
    Result:
    Application granted ; Reimbursement of lost wages ($10,080.00) ; Loss of future benefit ($5,703.22) (Paid parental leave) ; Compensation for humiliation etc ($3,500) ; Costs reserved
  • Parata v Montage General Insurance Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Alternatively sought compliance with parties’ oral agreement – Respondent argued no binding oral or written agreement made– Applicant dismissed for…
    Result:
    Compliance ordered ; Orders made ; Interest (4%) ; Penalty declined ; Counterclaim dismissed
  • NZ Dairy Workers Union Te Runanga Wai U v Fonterra Cooperative Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Whether respondent employing temporary workers “for purpose” of reducing full time positions in breach of collective employment agreement (“CEA”) – CEA provided respondent could not use temporary workers…
    Result:
    Question answered in favour of respondent ; No order for costs
  • Allison v United Group (NZ) Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissal for redundancy unjustified – Respondent decided to restructure operations from geographic to delivery based model – Affected employees given consultation document and…
    Result:
    Application dismissed ; Costs reserved
  • Service and Food Workers Union Inc and Ors v Tourism Holdings Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant union sought compliance order against respondent to pay non-union applicants wage rate according to collective employment agreement (“CEA”) – Respondent argued no breach and non-union applicants…
    Result:
    Application dismissed
  • Westwell v Wheeler

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Authority found applicant recovered more than what was offered to settle in substantive determination - Found applicant incurred $982 expenses - Respondent ordered to pay applicant $982.
    Result:
    Costs in favour of applicant ($982.98)
  • Dreyer v Auckland City Council

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified therefore entitled to full redundancy compensation – Respondent argued no redundancy as applicant re-employed therefore no obligation to pay compensation –…
    Result:
    Application dismissed ; Costs reserved
  • Tournament Parking Ltd v Munro

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – RESTRAINT OF TRADE – Application to restrain respondent from commencing employment with competitor (“W”) – Respondent employed at applicant as manager – Employment agreement (“EA”) contained non-solicitation…
    Result:
    Application granted ; Orders made ; Parties directed to mediation ; Costs reserved
  • Maynard v Smiley Farms Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Less than half a day investigation meeting - Unsuccessful personal grievance - Applicant argued unable to pay $4864 costs claim sought by respondent - Authority found no reason…
    Result:
    Costs in favour of respondent ($750)
  • Shaw v Canterbury District Health Board

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – First issue, whether applicant raised grievances within time – Second issue, whether leave should be granted for exceptional circumstance - Applicant unsuccessfully applied for graduate nursing…
    Result:
    Application partially granted (Second discrimination grievance) ; Applications dismissed (Discrimination on basis of age)(Unjustified disadvantage)(Unjustified dismissal)(Leave) ; Parties directed to mediation ; Costs reserved