• Denyer (Labour Inspector) v General Recycle Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - In full and final settlement respondent agreed to pay applicant $4,000 in instalments in satisfaction of holidays pay claims - Orders made
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Edmonds v Te Kura Kaupapa Motuhake O Tawhiuau

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant to ensure swimming pool ready for commencement of school year – Respondent alleged applicant failed to have swimming pool ready, misled staff as…
    Result:
    Application granted ; Reimbursement of lost wages ($5,137.60) ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Penalty ($1,500)(Payable to applicant) ; Costs reserved
  • Owen v You & Me Ltd t/a Wee Wisdom Montessori Preschool

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Authority found applicant unreliable witness and had very serious doubts about her credibility - Credibility finding in favour of respondent - Applicant moved from…
    Result:
    Applications dismissed ; Costs reserved
  • Dewar v QA Joinerl Ltd and Anon

    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
  • Shepherd v Whanganui District Health Board

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant employed as psychiatric nurse at psychiatric unit - Incident involving patient where applicant intervened to help co-worker manage situation - During incident applicant…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($21,874.75) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Zhang v Scenic Circle Hotels Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed following investigation into applicant’s changing of leave rosters – Applicant applied for leave, however, manager (“B”) said unable to confirm…
    Result:
    Application granted ; Compensation for humiliation etc ($10,000 reduced to $5,000) ; Reimbursement of lost wages (3 months) ; Costs reserved
  • Hamon v Coromandel Independent Living Trust

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Three day investigation meeting – Respondent sought contribution to costs of $18,966 plus disbursements of $3,013 – Respondent argued determination entirely in its favour…
    Result:
    Costs in favour of respondent ($13,500) ; Disbursements in favour of respondent ($1,432.40)
  • Energi New Zealand Ltd v Gleeson

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Breach of contract – Restraint of trade - Applicant sought to restrain respondent from soliciting applicant’s client (“NZHR”) and employees – Respondent argued restraint of trade and…
    Result:
    Application granted ; Parties directed to mediation ; Costs reserved
  • Corrections Association of New Zealand v Chief Executive of the Department of Corrections

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Joint application for removal to Employment Court (“EC”) – Parties argued important question of law and urgency required as matter in public interest – Matter determined…
    Result:
    Application granted ; Costs reserved
  • Waaka v STL Linehaul Ltd and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant’s work vehicle damaged then broke down - Applicant received speeding ticket – On next job, applicant made arrangements differing from first respondent’s instructions…
    Result:
    Application granted (dismissal) ; Reimbursement of lost wages ($8,560)(3 months reduced to 8 weeks) ; Compensation for humiliation etc ($4,500 reduced to $3,000) ; Application dismissed (penalty) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(filing fee)