• Whitten v Ogilvy New Zealand Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Redundancy – Applicant offered directorship in exchange for relinquishing position title following new appointment to applicant’s role – Respondent announced appointment before applicant responded…
    Result:
    Application granted ; Redundancy compensation ($128,615.38) ; Compensation for humiliation etc ($15,000) ; Reimbursement for lost wages ($193,333 plus holiday pay at 8%) ; Reimbursement for lost benefits ($6,344.60) ; Application dismissed (penalty) ; Costs reserved
  • Heller v Atlas Quarries Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Applicant’s representative (“X”) initially claimed raised grievance within time and accused respondent of misplacing or discarding…
    Result:
    Application dismissed ; Costs reserved
  • White v Noahs Hotel (NZ) Ltd t/a Rydges Christchurch

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful dispute in favour of applicant - Compliance order application adjourned - Unsuccessful personal grievance and penalty claim - Length of investigation meeting not specified - Applicant represented…
    Result:
    Costs to lie where they fall
  • Manson v Tom Ryan Cartage Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought contribution to total costs of over $9,500 - Applicant claimed case where respondent self represented therefore incurred…
    Result:
    Costs in favour of applicant ($7,500)
  • O'Connor v Anchor Press Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed suffered disadvantage as respondent failed to take reasonable steps to avoid exposing applicant to unnecessary risk of injury – Claimed…
    Result:
    Applications dismissed ; Costs reserved
  • O'Connor and Anor v Peevers and Anor

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant’s were husband (“A”) and wife (“B”) – Applicant’s claimed unjustifiably constructively dismissed by respondents – Applicants claimed farm tasks increased…
    Result:
    Applications dismissed (Constructive dismissal)(Disadvantage) ; Recovery of monies (Wet weather gear) ; (Lost wages) ; Costs reserved
  • Hooton v Keeley t/a WOF Testing Station

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – PENALTY – Applicant sought compliance with mediated settlement agreement – Authority ordered compliance on basis of respondent’s admission agreement breached – Applicant sought penalty for breach –…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($600)(Shared between Crown and Applicant) ; No costs order
  • Tuck v Anglican Care (Waiapu) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Interim reinstatement – Applicant sought reinstatement following dismissal for bullying – Respondent argued dismissal justified – Argued alternatively reinstatement impractical – Altercation occurred between applicant and employee…
    Result:
    Application dismissed ; Costs reserved
  • The Postal Workers Union of Aotearoa & Anor v New Zealand Post Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – UNJUSTIFIED DISADVANTAGE – Second applicant claimed provisions of s66 Employment Relations Act 2000 (“ERA”) not displaced by provisions of part M of collective employment agreement (“CEA”) pertaining to…
    Result:
    Questions answered ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Adams v Wellington Free Ambulance Service Inc.

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Application for interim reinstatement - Applicant summarily dismissed for serious misconduct following investigation into incident with co-worker and subsequent incident on social networking site - During investigation number…
    Result:
    Application granted ; Costs reserved