• Bowkett v Greymouth Dental Centre Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged through letter issuing written warning for closing practice to attend work colleague’s wedding and opening late on…
    Result:
    Applications dismissed ; Costs reserved
  • Minhinnick v New Zealand Steel Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed for failing to provide shift cover - Respondent already issued applicant with final written warning for same issue and actions breach of code…
    Result:
    Application dismissed ; Costs reserved
  • Tielu and Anor v Chief Executive Department of Corrections

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicants dismissed following investigation into death in custody of prisoner while applicants on duty – Prisoner death occurred in or near block of…
    Result:
    Application granted ; Cost reserved
  • National Distribution Union Inc and Ors v The Warehouse Ltd and Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondents argued first applicant had no standing to bring proceedings – Second applicants who were previously members of second respondent when previous Collective Employment Agreement (“CEA”)…
    Result:
    Orders accordingly ; Costs reserved
  • Frentz v Hirequip Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Length of investigation meeting not specified – Applicant sought contribution to costs in both civil and criminal proceedings – No jurisdiction to award costs…
    Result:
    Costs awarded in favour of applicant ($2,000)
  • Dittmer v Progressive Investment Enterprise Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Supplementary determination – Authority found applicant independent contractor and not employee of respondent
    Result:
    Orders accordingly ; No order for costs
  • Macfarlane v Canterbury District Health Board

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – DISPUTE – Interpretation of collective employment agreement (“CEA”) – Respondent argued applicable clause of CEA did not apply to applicant as not party to CEA at time…
    Result:
    Application dismissed ; Costs reserved
  • Owens v Daniel Smith Industries Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed two people employed by respondent following dismissal – Found new employees not replacements for applicant – Found number of drivers reduced from eight…
    Result:
    Application granted ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($600)
  • Lee v Johnston t/a CH Johnston Builders

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – Applicant claimed agreement with respondent to pay two weeks’ wages at end of employment – Wages paid late – Employees downed tools until paid – Employees…
    Result:
    Application granted ; Arrears of wages ($2,100) ; Costs to lie where they fall
  • Connelly and Ors v Moorhouse Kitchen and Appliances Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Applicants (“C1”, “C2”, and “F”) claimed unjustifiably dismissed and unjustifiably disadvantaged and sought claims determined together – C1 mother of C2 –…
    Result:
    Applications dismissed ; Counterclaim dismissed ; Costs reserved