• Kleiven v Moore

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following refusal to wear black uniform shirt – Respondent claimed no dismissal – Claim applicant withdrew labour due to refusal to wear shirt…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Wastney v The Chief Executive of the Department of Corrections

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant given notice of three allegations and suspended during respondent’s investigation – Respondent concluded applicant used respondent’s van and trailer for personal purposes and…
    Result:
    Application granted (disadvantage) ; Applications dismissed (dismissal) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Block & Anor v Broomfield Trust

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicants claimed unjustifiably dismissed or constructively dismissed – As applicants inexperienced farm managers, respondent engaged consultant (“F”) to provide support - Applicants refused to sign individual employment…
    Result:
    Application dismissed ; Costs reserved
  • Waru v Compass Group Ltd

    G J Wood [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
  • Whitelaw v Postie Plus Group 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
  • Taunoa v New Orleans Dinner Club Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant disabled beneficiary employed part time by respondent – No appearance for respondent – Applicant never received wage and time records, despite requests – Applicant only received…
    Result:
    Applications granted ; Reimbursement of lost wages ($3,774)(3 months) ; Compensation for humiliation etc ($6,000) ; Arrears of holiday pay ($345.60) ; Disbursements in favour of applicant ($70)(filing fee)
  • KiwiRail Ltd v Maritime Union of New Zealand & Ors

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Employer requiring employees to take annual leave - Applicant sought to reduce number of ferry sailings due to financial difficulties – Applicant sought agreement from employees to take…
    Result:
    Question answered in favour of unions ; Costs reserved
  • Poulter v Antipodean Growers Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed engagement with respondent developed into employment relationship – Respondent argued no employment relationship – Respondent developed land by building glasshouse…
    Result:
    Application dismissed ; Costs reserved
  • Facta v Gillespie Engineering Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified – Respondent argued redundancy genuine – Applicant advised of respondent’s financial difficulties – Applicant advised of steps taken to cope with…
    Result:
    Application dismissed ; No order for costs
  • New Zealand Farriers Ltd v Brown

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement prior to scheduled investigation meeting - Terms of settlement to be orders of Authority
    Result:
    Consent order granted ; Orders accordingly ; No order for costs