• 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    COSTS - Withdrawn application of Breach of Contract - No investigation meeting - Applicant claimed respondent breached implied term in employment agreement causing it loss,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)