• Walker v Frost Steel Compactors Ltd (In Liquidation)

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Identity of employer – Applicant sought arrears of wages – Respondent indicated applicant fully paid – Authority later advised respondent would not be represented at investigation meeting because…
    Result:
    Orders made – No order for costs
  • Ellis v Oaks Hotels & Resorts NZ Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed dismissal for poor performance unjustified – Respondent claimed dismissal justified – Initial part of applicant’s employment relatively incident free – Applicant’s manager…
    Result:
    Application granted ; Reimbursement of lost wages ($7,500 reduced to $6,000) ; Compensation for humiliation etc ($5,000 reduced to $4000) ; Costs reserved
  • Gutsell v Burgess & Crowley Civil Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought $4,500 contribution to total costs of $11,305 - Respondent claimed way applicant conducted case increased…
    Result:
    Costs in favour of respondent ($2,600)
  • Broad v Financial Gain (Auckland) Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – No written contract between parties – Applicant thought relationship involved contract for services and filed dispute in Disputes Tribunal – Applicant advised…
    Result:
    Application dismissed ; Costs reserved
  • MacFarlane v Canterbury District Health Board

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Dispute answered in favour of respondent - Half a day investigation meeting - Respondent sought full indemnity costs of $6,000 - Applicant claimed costs should lie where they…
    Result:
    Costs in favour of respondent ($2,250)
  • Hannah v VBase Ltd and Anor

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – First respondent told applicant restructuring by contracting applicant’s services to second respondent – Applicant transferred employment to second respondent as cleaner at town hall…
    Result:
    Application granted (Disadvantage) ; Application dismissed (Dismissal) ; Reinstatement ordered ; Costs reserved
  • Flight Attendants & Related Services (NZ) Association v Air New Zealand Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of s236 Employment Relations Act 2000 (“ERA”) – Respondent sought to limit level of representation of employee – Applicant claimed s236 ERA did not limit employee to…
    Result:
    Orders made ; Costs reserved
  • Flight Attendants & Related Services (NZ) Association v Pacific Blue Employment & Crewing Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant’s member sought representation from applican for disciplinary investigation meeting – Applicant advised respondent bringing three representatives to disciplinary investigation meeting – Following meeting, respondent contacted applicant to…
    Result:
    Questions answered ; Costs reserved
  • Beavis v Teradata (NZ) Corporations Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant alleged redundancy not genuine and former role since re-established – Applicant informed role disestablished and sales manager position established in Sydney – Position advertised…
    Result:
    Application dismissed ; Costs reserved
  • Sharpe v The Chief of the New Zealand Defence Force

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Application to restrain respondent continuing with disciplinary proceedings – Applicant civilian member of Royal New Zealand Navy (“RNZN”) therefore employment relationship problem within Authority’s jurisdiction – Applicant…
    Result:
    Application granted ; Costs dismissed