• New Zealand Air Line Pilots' Association Inc v Mount Cook Airline Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant claimed respondent’s holiday pay calculation breached Holidays Act 2003 (“HA 2003”) – Respondent sought to pay pilots extra half day’s pay for each public holiday worked since…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • U-Marketing International Co (Thailand) Ltd v Macleod

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Respondent protested jurisdiction of Authority in dispute – No written employment agreement (“EA”) - Draft EA, not signed by respondent, stated governing law Hong Kong – Authority found…
    Result:
    Application dismissed ; Costs reserved
  • Myatt, Labour Inspector v Alkhafaji t/a Sylvana Hair

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – No appearance for respondent - Applicant Labour Inspector sought compliance with earlier Authority determination – Authority found respondent had adequate opportunity to pay required sum and failed…
    Result:
    Application granted ; Disbursements in favour of applicant ($70)(Filing fee)
  • Shepherd v Steelserv Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed demotion and failure to consult about changes to employment agreement (“EA”) during business restructuring caused disadvantage – Respondent argued no demotion and followed proper procedures…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Clayton v Ports of Auckland Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed dismissal unjustified as genuinely believed respondent’s procedure unsafe – Claimed subsequently agreed to comply with proper procedures which should have mitigated against…
    Result:
    Application dismissed ; Costs reserved
  • Weko v Tegel New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – No appearance for applicant – Applicant claimed dismissal unjustified – Respondent claimed dismissal substantively and procedurally justified – Altercation occurred between applicant and supervisor…
    Result:
    Application dismissed ; Costs reserved
  • Duggan v Wilbil Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Dodd v Secretary for Justice

    D King [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant’s relative (“Y”) faced number of charges relating to conduct towards former partner (“X”) - Charges laid in Court applicant managed - X complained…
    Result:
    Application granted ; Reinstatement ordered ; Costs reserved
  • Brown v Avon Picture Mouldings Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Sexual harassment – Applicant dismissed following investigation into allegation removed wood from premises without respondent’s consent - Authority granted interim reinstatement on garden leave…
    Result:
    Application dismissed ; Costs reserved
  • Service & Food Workers' Union Nga Ringa Tota v Sealord Group Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Applicant union sought declaration collective employment agreement (“CEA”) provided for qualifying employees to receive further one week leave upon completion of five years of continuous service – Applicant…
    Result:
    Question answered in favour of applicant union ; Costs reserved