• Craig v The Board of Trustees of Chapel Downs Primary School

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - Application for interim reinstatement - Applicant entered New Zealand on work visa to work at respondent’s school - Applicant dismissed for serious incompatibility and loss of trust and…
    Result:
    Application granted ; Costs reserved
  • McIntyre v Whangaroa Big Gamefish Club Inc

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful breach of contract claim - Less than half a day investigation meeting - Applicant sought $6,000 contribution to total costs of $9,000 - Claimed costs should follow…
    Result:
    Costs in favour of applicant ($1,500)
  • All New Zealand District Health Boards (As contained in Schedule 1) v New Zealand Resident Doctors Association Inc.

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicants sought removal under s178(2)(a) and s178(2)(b) Employment Relations Act 2000 (“ERA”) – Respondent opposed removal – Applicants…
    Result:
    Application granted ; Matter removed to Employment Court
  • Gartner v Spotless Services (NZ) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed punishment of dismissal unjustified in circumstances – Claimed investigation drawn out for too long – Respondent argued applicant’s dismissal justified where serious…
    Result:
    Application dismissed ; Costs reserved
  • Dewsnap v Kapiti Technologies Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether respondent should be treated as employer – Employer went into voluntary liquidation – Liquidator did not consent to continue legal proceedings…
    Result:
    Application dismissed ; Costs reserved
  • Mason v K

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant argued determination obtained by default and miscarriage of justice because applicant not respondent’s employer – Respondent argued determination not obtained…
    Result:
    Application dismissed ; Costs reserved
  • Gutsell v Burgess & Crowley Civil Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Applicant received verbal warning for driving incident - About seven months later applicant given warning for knocking over survey pegs when given clear instructions to…
    Result:
    Application dismissed ; Costs reserved
  • Hall v Transotway Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Respondent claimed redundancy genuine after decision made to discontinue applicant’s driving run – Applicant assigned to different runs to suit business requirements – No contractual…
    Result:
    Application granted ; Compensation for humiliation etc ($8,000) ; Reimbursement of lost wages ($11,000) ; Costs in favour of applicant ($2,500)(if memorandum not received from respondent)
  • Hemana v Tamaki Tours Ltd & Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought $2,500 contribution to costs - Respondents accepted $2,500 appropriate award of costs - Applicant asked…
    Result:
    Costs in favour of applicant ($2,500)
  • Kelleher v Wiri Pacific Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought non-publication order for names of applicant, “respondent and respondent’s wife” – Authority found applicant intended to refer to respondent’s managing director (“MD”) and wife…
    Result:
    Applications dismissed ; Costs reserved