• Waitemata District Health Board v New Zealand Nurses Organisation

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – First issue, whether collective employment agreement (“CEA”) entitled applicant to unilaterally alter existing roster for caseload midwives (“KYM”) – Current roster based on “continuity of care model” where…
    Result:
    Questions answered ; Costs reserved
  • Greer v Pro Parts Palmerston North Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought enforcement of mediated settlement agreement – Respondent claimed trading difficulties and cash-flow problems meant it could not comply – Authority accepted respondent’s claim not in…
    Result:
    Application dismissed ; Costs reserved ; Disbursements in favour of applicant ($70)(Filing fee)
  • Shortland v Alexander Construction Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant alleged fixed term employment terminated before project completed – Applicant claimed fixed term agreement illegal because failed to set out reasons for end of employment –…
    Result:
    Application dismissed ; Costs reserved
  • Chapman v Glacier Helicopters Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Misconduct – Applicant alleged unjustifiably disadvantaged by respondent in suspension process and unjustifiably dismissed – Applicant sought permanent reinstatement plus compensation – Respondent argued…
    Result:
    Application dismissed ; Costs reserved
  • Eastern Bay Independent Workers Union Inc. and Ors v ABB Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Identity of employer - Whether respondent was applicant union members’ employer – Applicant claimed respondent and third party (“CHH”) in joint-venture and that joint-venture was applicant union members’…
    Result:
    Question answered in favour of respondent ; No order for costs
  • Myatt (Labour Inspector) v The Service Centre

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – No appearance for respondent – Employee made redundant – Applicant labour inspector sought wage and holiday records – Records provided – Applicant calculated arrears of…
    Result:
    Applications granted ; Arrears of holiday pay ($1,927.68) ; Interest (4.65%) ; Penalty ($3,000)(payable to Crown) ; Disbursements in favour of applicant
  • Myatt (Labour Inspector) v The Service Centre Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – No appearance for respondent – Employee made redundant – Applicant labour inspector sought wage and holiday records – Records provided – Applicant calculated arrears of…
    Result:
    Applications granted ; Arrears of holiday pay ($2,341.63) ; Interest (4.65%) ; Penalty ($3,000)(payable to Crown) ; Disbursements in favour of applicant
  • Dunn v Ecocover (NZ) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful practice and procedure application – Length of investigation meeting not specified – Respondent sought $9,200 as contribution to costs – Respondent claimed applicant made improper bad faith…
    Result:
    Costs in favour of respondent ($3,000)
    • 27 August 2009

    • AA 230A/09

  • Telfer & Anor v Coromandel Dairy Trust Ltd (in Liq)

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicants (“T” and “A”) lived together on respondent’s farm property – Applicants sought finding unjustifiably dismissed – Respondent disputed unjustified dismissal – Respondent instructed…
    Result:
    Application granted ; Arrears of wages ($1,200)(T) ($860)(A) ; Arrears of holiday pay ($5,000) ; Reimbursement of lost wages ($4,800)(T) ($3,040)(A) ; Compensation for humiliation etc ($3,000)(T) ($2,000)(A) ; Interest (calculated at 90-day bill rate plus 2%) ; Penalty ($100)(Payable to Crown) ; Costs reserved
  • Bell-Booth v Wingate & Farquhar Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Personal grievance claim – Less than ï¾½ day investigation meeting – Applicant sought $1,000 contribution to costs – Applicant stated Authority’s timetabling requirements had not been published –…
    Result:
    Costs in favour of respondent ($425)