• Atley v Southland District Health Board

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    APPLICATION FOR REMOVAL TO EMPLOYMENT COURT – Applicant alleged unjustified disadvantage and discrimination due to disability – Claimed questions would arise under Human Rights Act 1993 (“HRA”) – Authority found…
    Result:
    Application dismissed ; Costs reserved
  • Dunedin City Council v Brown

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Whether respondent contractually bound to be personally available on-call at all times to receive and respond to civil defence warnings and alerts – Respondent previously on-call outside ordinary…
    Result:
    Questions answered ; Costs reserved
  • Sub v Topsco International Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed bullying and unjustified written warning – Employment relationship between applicant and store manager (“X”) deteriorated when concerns over applicant’s behaviour developed – X raised concerns…
    Result:
    Application granted (Unjustified disadvantage – warning) Application dismissed (Unjustified disadvantage – bullying) (Unjustified dismissal) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Kidson v C & C (2002) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant was person intending to work – Applicant claimed employment agreement (“EA”) offered but did not begin work due to unjustified dismissal – Respondent claimed discussions limited…
    Result:
    Application dismissed ; Costs reserved
  • Brom v Shore Performance Tyres (2006) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Respondent no longer trading – Applicant denied committing actions was dismissed for – As no appearance for respondent, applicant’s evidence not refuted – Dismissal unjustified – Remedies…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,530)(3 months) ; Compensation for humiliation etc ($4,500) ; Costs in favour of applicant ($450) ; Disbursements in favour of applicant ($70)(filing fee)
  • McLeay v Radius Residential Care Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Half day investigation meeting – Applicant sought $1,800 as reasonable contribution to costs – Applicant claimed unsuccessful attempts at resolution be included in costs - Respondent claimed…
    Result:
    Costs in favour of applicant ($750)
  • Notman v CEA Trading Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Applicant resigned, tendering three month notice period – Respondent declined notice period, offering one month notice period – Applicant declined shortened notice period – Respondent stated employment to…
    Result:
    Questions answered ; Orders made
  • New Zealand Amalgamated Engineering Printing and Manufacturing Union v Solid Energy New Zealand Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Interpretation of collective agreement (“CEA”) – Whether driving pool vans to and from workplace constituted work entitling employees to be paid – Applicant claimed “transport” included provision of…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Chini v Open Cloud NZ Ltd (formerly Open Cloud Ltd)

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Authority to determine appropriate forum for applicant’s employment problem – Employment Agreement (“EA”) stated Californian law to apply – Authority satisfied if case heard in New Zealand (“NZ”)…
    Result:
    Application dismissed ; Costs reserved
  • Deniher v Chief Executive of Accident Compensation Corporation

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by repeated unsuccessful applications for position vacancies within respondent – Applicant claimed positions all fell within applicant’s range of skills and experience –…
    Result:
    Application dismissed ; Costs reserved