• Butterworth v TBA Communications Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Applicant claimed redundancy substantively and procedurally unjustified – Applicant commenced employment on part-time basis and later promoted to part-time manager – Respondent…
    Result:
    Application dismissed ; Costs reserved
  • Bow v Allfors Turangi Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant sought arrears of two weeks wages and holiday pay – Authority ordered respondent to pay applicant arrears of wages of…
    Result:
    Applications granted (Arrears of wages) (Arrears of holiday pay) ; Application dismissed (Counterclaim-Recovery of monies) ; Arrears of wages ($2,340) ; Arrears of holiday pay ($3,115.67) ; Disbursements in favour of applicant ($70)(Filing Fee)
  • Walker v Safe Air Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant dismissed for inappropriate email activity – Applicant claimed not treated equally as co-workers also forwarded inappropriate emails – Respondent argued dismissal justified as analysis of applicant’s…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs reserved
  • New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc v APN Print New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – First issue, whether collective employment agreement (“CEA”) permitted respondent to implement shift changes without applicant union’s agreement – Second issue, whether sufficient notice of changes given – Respondent’s…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Hamlin v Jennian Sevices Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed disestablishment of position not genuine – Claimed predetermination because respondent offered another employee (“K”) position in new structure before consulted with applicant –…
    Result:
    Application dismissed ; Costs dismissed
  • NZ Steel Ltd v NZ Amalgamated Engineering Printing & Manufacturing Union Inc

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – First issue, whether applicant entitled to revert employees to day work under collective employment agreement (“CEA”) – Second issue, whether applicant required under s4 Employment Relations Act 2000…
    Result:
    Question answered ; Order made ; Costs reserved
  • Oliver v Leamington Hospitality Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful claim for penalty and compliance with mediated settlement – ï¾½ day investigation meeting - Applicant sought significant contribution to actual costs of $1,587 excluding GST, plus $35…
    Result:
    Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($105)
  • Britt v A G Thompson 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
  • Stewart v Industrial Services Nelson Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant given assurances respondent had working capital when accepted position - Respondent’s CEO unhappy with salary offered to applicant and proposed variation - Parties…
    Result:
    Application granted ; Reimbursement of lost wages ($5,190) ;Loss of benefit ($288)(Fuel allowance) ; Interest (4.5%) ; Compensation for humiliation etc ($8,000) ; Penalty ($2,000)(Payable to Crown) ; Costs in favour of applicant ($3,443.25) ; Disbursements in favour of applicant ($120)
  • Henry v Lyttelton Engineering Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following conclusion by respondent that drug dealing in workplace – Respondent observed behaviour considered consistent with drug dealing – Respondent redirected security cameras…
    Result:
    Application granted ; Reimbursement of lost wages ($5,500) ; Compensation for humiliation etc ($2,500) ; Costs reserved