• Munro v Tenix Alliance New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed respondent failed to fully and fairly investigate reckless driving allegation therefore dismissal unjustified – Respondent argued sufficient evidence to conclude serious misconduct…
  • Fadheel v Auckland District Health Board

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Applicant claimed defamation and respondent “blocking opportunity to work in medical lab” – Applicant’s application for re-employment with respondent unsuccessful – Applicant pursued claims as matters of privacy…
    Result:
    Applications dismissed ; Costs reserved
  • Kingdom v Isia Holdings Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unilateral reduction of work hours caused disadvantage – Respondent argued employment agreement (“EA”) entitled respondent to reduce applicant’s hours for business reasons – Applicant agreed…
    Result:
    Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Reimbursement of lost wages ($9,035) ; No order for costs
  • McMahon v Imarda New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed entitled to 10 percent equity share in respondent due to oral agreement – Respondent argued no agreement made and discussions exploratory only – Parties…
    Result:
    Application granted (Unjustified disadvantage) ; Applications dismissed (Breach of contract)(Unjustified dismissal) ; Compensation for humiliation etc ($5,000)(Disadvantage) ; Costs reserved
  • Potter v Elderstock Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Matter referred back to Authority as parties unable to reach agreement - Applicant claimed entitled to payment of 16 days public holiday pay - Authority…
    Result:
    Application granted ; Arrears of holiday pay (Quantum to be determined) ; No order for costs
  • Owen v The Public Trust

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant summarily dismissed for multiple breaches of various aspects of respondent’s code of conduct over long period of time, in relation to member of…
    Result:
    Application dismissed ; Costs reserved
  • Aldwin v Duncan Plumbing & Drainage Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed when told to leave workplace by respondent’s owner (“D”) – Respondent aware applicant had pre-existing medical issue with elbows and forearms…
    Result:
    Application dismissed ; Costs reserved
  • A v B Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent dismissed applicant following investigation into allegations applicant requested co-workers view applicant’s genitalia, caused undue stress to co-workers, and made inappropriate physical contact with…
    Result:
    Application granted ; Reimbursement of lost wages (approx 6 weeks)(quantum to be determined) ; Compensation for humiliation etc ($7,000) ; Costs reserved
  • Pryor v Gibson O'Connor Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent at end of year work function for redundancy – Found no dispute as recession grew respondent short of contracts…
    Result:
    Application granted ; Reimbursement of lost wages (3 weeks) ; Compensation for humiliation etc ($4,500) ; Costs reserved
  • Brunton v Garden City Helicopters Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant lodged Statement of Problem and sought interim reinstatement - Found from Statement of Problem were issues whether…
    Result:
    Application dismissed ; Costs reserved