• Grey v Director-General of Conservation & Anor

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE - PENALTY – Applicant claimed unjustifiably dismissed by first respondent (Director-General of Conservation) – Claimed recovery of penalties against second respondent (Solicitor-General) for allegedly inciting,…
    Result:
    Applications dismissed ; Costs reserved
  • Dunn v Ecocover (NZ) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed ENZ applicant’s employer and entitled to bonus payment pursuant to oral employment agreement (“EA”) – Respondent shareholder and director of…
    Result:
    Order declined ; Costs reserved
  • Masina v Waititi as the Commissioner of Te Kura Kaupapa Maori o Kokiri o Te Rahuitanga o Otara

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following Teachers Council’s (“TC”) decline of applicant’s limited authority to teach (“LAT”) application – Respondent argued frustration of contract – Education Act 1989…
    Result:
    Applications dismissed ; Costs reserved
  • Longley v TBA Communications Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant dismissed twice within 12 months – Respondent argued applicant’s inadequate performance reason for both dismissals – Applicant raised personal grievance regarding first…
    Result:
    Application dismissed ; Costs reserved
  • Weko v Tegal NZ Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Applicant claimed dismissal for false serious misconduct allegations unjustified – Respondent claimed conclusion based on fair investigation – Applicant’s supervisor (“R”) alleged…
    Result:
    Application dismissed ; Costs reserved
  • Felices v Elliott

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed and owed wages, repatriation costs and special disbursements – Applicant Philippino nurse engaged through agency to work for respondent as live-in caregiver for…
    Result:
    Applications dismissed (dismissal)(dispute) ; Contribution to airfare ($1,000) ; Costs in favour of employee ($500)
  • Fraser v CPG New Zealand Ltd (Formerly Duffill Watts & King Ltd)

    P Montgomery [Employment Relations Authority - Christchurch]

    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
  • Brown & Anor v Architecture DM (Queenstown) Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – First and second applicant sought two weeks arrears of wages and holiday pay – Applicants resigned from employment and requested annual…
    Result:
    Applications granted ; Counterclaim (granted) ; Arrears of wages ($1,346)(First applicant)(Second applicant) ; Arrears of holiday pay ($2,107)(First applicant)(Second applicant) ; Recovery of monies ($4,578.64)(First and second applicant) ; Damages ($2,250)(Breach of contract)(To be paid by applicants jointly) ; No order for costs
  • Wong v Baycorp (NZ) Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant successfully applied for new position following respondents merger – Respondent advised staff of proposed new structure – Applicant one of 8 current team leaders…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Fraser v Chief Executive, Department of Corrections

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant charged with and convicted of “Driving with Excess Breath Alcohol, Third or Subsequent Offence” (“The Offence”) - Applicant disclosed events to respondent as…
    Result:
    Application dismissed ; Costs reserved