• Duncan v Harveys Floor Pride Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – First respondent correct party to proceedings - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed no genuine redundancy, procedure flawed and breach of good faith obligations –…
    Result:
    Application granted ; Reimbursement of lost wages ($8,034)(3 months) ; Compensation for humiliation ($5,000) ; Costs reserved
  • Eastern Bay Independent Industrial Workers Union & Anor v ABB Ltd & Ors

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicants sought compliance with collective employment agreement (“CEA”) – Applicants claimed first respondent (“ABB”) breached CEA by failing to enter into redundancy consultations with applicant – CEA…
    Result:
    Application dismissed ; Costs reserved
  • Latunipulu v Veda Advantage (NZ) Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Serious misconduct – Respondent a credit reporting agency that employed applicant – Baycorp (“B”) a client of respondent – Previously B and respondent part of same company…
    Result:
    Application granted ; Reimbursement of lost wages (3 weeks) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Hamon v Coromandel Independent Living Trust

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Abandonment - Applicant claimed constructively dismissed following disagreement between parties regarding applicant’s role – Applicant alternatively claimed misrepresentation inducing employment agreement (“EA”) – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Peel v Auckland Construction Equipment Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent received formal compliant from staff member (“C”) - Respondent later received similar complaints from other staff - First meeting held – Applicant advised…
    Result:
    Application dismissed ; Costs reserved
  • Fleet v Idea Services Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent received complaints from two service users (“A” and “B”) that applicant acted inappropriately and used inappropriate language towards them and other service users…
    Result:
    Application dismissed ; Costs reserved
  • Shale v Enduring Sales Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen Authority investigation - Applicant sought recall of determination ordering respondent pay applicant's costs but declining to make order joining respondent's director (L") to…
    Result:
    Application declined
    • 10 March 2009

    • AA 61A/09

  • Davis v Family Start Manukau

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One and a half day investigation meeting - Respondent sought costs - Applicant did not respond - Respondent incurred actual costs of $7,419…
    Result:
    Costs in favour of respondent ($3,000)
    • 10 March 2009

    • AA 17A/09

  • Hughes v Primary Care Development Solutions Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Respondent argued intended applicant be engaged as contractor under contract of service that applicant refused to sign - Respondent argued employment agreements…
    Result:
    Application granted ; Costs reserved
  • Christchurch Polytechnic Institute of Technology v Academic Staff in Tertiary Education

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Interpretation of collective employment agreement (“CEA”) – Clause stated applicant to grant leave on full pay to employees required as members or in their formal capacity to attend…
    Result:
    Questions answered in favour of applicant ; Costs reserved