• Bandy v Collins Homes Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent – Applicant’s position disestablished due to absence of paying work – Authority found redundancy genuine – Applicant argued dismissal for redundancy…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Arrears) ; Arrears of holiday pay ($1,134) ; Arrears of wages ($3,402) ; Arrears of wages for travel ($1,617) ; Costs in favour of applicant ($1,000)
  • Faalavaau v Stonex Systems Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTITIED DISMISSAL – Poor performance – Respondent argued applicant did not follow documented procedures – Respondent alerted applicant to number of basic clerical errors in informal setting – Applicant continued…
    Result:
    Application dismissed ; Costs reserved
  • Plank v Northland Vegetation Control Trust

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant argued resignation amounted to constructive dismissal – Respondent disputed dismissing applicant – Respondent received customer complaints about applicant’s performance – Authority found respondent…
    Result:
    Application dismissed ; Costs reserved
  • Maritime Union of New Zealand v C3 Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful practice and procedure claim - Less than one day investigation meeting - Respondent sought $10,000 contribution to total costs of over $23,000 - Respondent claimed applicant had…
    Result:
    Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($808.89)
  • McNabb v Pertronic Industries Ltd and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed employed by first and second respondent at all material times – Claimed seconded to second respondent by first…
    Result:
    Application dismissed ; Costs reserved
  • North v Silverfern Farms Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Respondent argued personal grievance raised outside 90 days – Applicant suffered injury at work – Applicant sought advice…
    Result:
    Application granted ; Costs reserved
  • Mansfield v Waiaua Bay Farm Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for applicant - Respondent received complaints from guests and other employees about quality of applicant’s room servicing - Complaints raised with applicant…
    Result:
    Application dismissed ; Costs reserved
  • Meenken v Rigg Zschokke Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought order preventing respondent from effecting IRD deduction notice – Applicant claimed deductions breached employment agreement (“EA”) and Wages Protect Act 1983 (“WPA”) – Claimed…
    Result:
    Application dismissed ; Costs reserved
  • Mawley v Jorgensen t/a Barista the Expresso Bar

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed respondent applicant’s employer at all material times – Respondent argued company applicant’s employer – Argued respondent engaged with applicant as…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Whitney v New Zealand Post Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - Application for interim reinstatement - Applicant dismissed for serious misconduct when informed respondent of theft conviction - Applicant dismissed from previous period of employment with respondent about 10…
    Result:
    Application dismissed ; Costs reserved