• Vosper v Nelson Marlborough District Health Board

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether personal grievance raised within 90 days – Applicant emailed resignation to respondent however no personal grievance raised – One month later, parties entered into mediation…
    Result:
    Application granted (Rescinding non-publication order) ; Application dismissed (Leave) (Compliance order) (Order preventing contact with witnesses) ; Costs in favour of respondent ($5,000) ; Disbursements in favour of respondent ($422) ; Costs reserved
  • Adi v Veolia Transport Auckland Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Authority granted order prohibiting publication of name of applicant for 29 days, allowing applicant time to challenge decision – Name of complainant (“Z”) permanently prohibited from…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages (30 weeks) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Griffin v Eastzone Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed summarily dismissed – Respondent claimed applicant resigned from employment – Applicant told respondent needed to work shorter hours due to pregnancy – Conflict of evidence…
    Result:
    Application dismissed ; No order for costs
  • Miller v Carson Racing Group Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – No appearance for respondent - Applicant claimed summary dismissal unjustified and false serious misconduct allegations – Applicant received dismissal letter alleging serious misconduct – Applicant…
    Result:
    Applications granted ; Reimbursement of lost wages ($13,888) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($3,593.93) ; Penalty ($1,000)(Payable to Crown) ; Costs reserved
  • P v A Bank

    P Cheyne [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION - Application for interim reinstatement - Applicant summarily dismissed for serious misconduct - Applicant and his partner (“F”) attended leaving function for branch manager at restaurant - Function…
    Result:
    Application granted ; Interim reinstatement ordered ; Costs reserved
  • V v Dr W and X Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful practice and procedure application – Length of investigation meeting not specified - Applicant sought full solicitor-client costs of $1,237 – Applicant claimed unnecessary costs incurred due…
    Result:
    Costs in favour of applicant ($618.75)
  • McDowell v Graffiti Security Systems Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – No appearance for respondent - Whether employee or independent contractor – Applicant claimed respondent offered full-time employment, annual salary, commission on sales, and reimbursement of work expenses –…
    Result:
    Application dismissed ; No order for costs
  • Postal Workers Union of Aotearoa v New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Whether applicant union members entitled to one day’s wage following advice to go home for health and safety reasons – Respondent’s manager (“T”) advised applicant union leader (“W”)…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Bern v New Zealand Flax Hybridisers Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of individual employment agreement (“IEA”) – Respondent terminated applicant’s employment with 2 weeks notice - Applicant claimed dismissed for redundancy so entitled to 4 weeks notice under…
    Result:
    Arrears of wages ($1,068.76)(2 weeks) ; Disbursements in favour of applicant ($70)(filing fee)
  • Jones v McIsaac Caregiving Agency Ltd

    P R Stapp [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