-
du Buisson and Anor v McKerchar Investments Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT – Applicants claimed respondent breached mediated settlement – Respondent argued obligations met – Record of settlement required respondent to “provide beef as agreed” but no further provision…
- Result:
- Application granted ; Damages ($200)(quantified difference for breach of contract) ; Costs to lie where they fall
-
Andrews and Ors v Toll New Zealand Consolidated Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT - Applicants recruited in South Africa - Applicants claimed representations made about pay and conditions would receive in New Zealand – Terms and conditions were contractual entitlements…
- Result:
- Applications dismissed (breach of contract)(penalty) ; Application granted (breach of good faith) ; Costs reserved
-
Wilson v Taupo Therapy Centre Inc
P Cheyne [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal – Applicant claimed not provided with written employment agreement (“EA”), not advised of right to support person in meeting reviewing employment, bullied and psychologically abused,…
- Result:
- Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved
-
Lomas v The Order of St John Midland Regional Trust Board
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 day period – Applicant claimed letter alleging Manager’s (“X”) serious misconduct raised disadvantage – Applicant’s solicitor raised disadvantage few weeks later…
- Result:
- Application granted
-
Huntley v Maataa Waka Ki Te Tau Ihu Trust
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Successful personal grievance - Nearly two day investigation meeting - Applicant sought contribution to total costs of $7,486.
- Result:
- Costs in favour of applicant ($5,200) ; Disbursements ($335)
-
L J Mackle Ltd v Shaw
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Withdrawn application of Breach of Contract - No investigation meeting - Applicant claimed respondent breached implied term in employment agreement causing it loss, therefore respondent obliged to pay…
- Result:
- Costs in favour of respondent ($750)
-
Goodall v Simes Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION - Applicant managing director of real estate company (“Company”) - Applicant initiated discussions with respondent which culminated in agreement for sale and purchase of Company by respondent - Term…
- Result:
- Applications granted ; Arrears of wages (one week) ; Reimbursement of lost wages (one weeks’ pay in lieu of notice)
-
SCA Hygiene Australasia Ltd v Independent Electrical Workers Union
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Application for reference to facilitation – Applicant sought reference of parties’ bargaining to facilitation under ss50C(1)(b) and 50(1)(c) Employment Relations Act 2000 (“ERA”) – Respondent did…
- Result:
- Application granted ; Facilitation ordered ; Costs reserved
-
Leslie v Commissioner of Police
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- PARENTAL LEAVE – Applicant claimed that on return to work after period of parental leave was unfairly denied right to continue working part time under respondent’s Flexible Employment Option (“FEO”)…
- Result:
- Application dismissed ; Costs reserved
-
Tomuli v Hagley Views Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE – Applicant sought compliance with settlement agreement (“SA”) and penalty for breach – Respondent claimed noncompliance due to breach and misrepresentation – Authority found no breach by applicant –…
- Result:
- Compliance ordered ; Order made ; Interest (8%) ; Costs in favour of applicant ($715)