• Painter v The Commissioner of Police

    P Cheyne [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant put on performance improvement plan regarding appearance, grooming and punctuality – Following investigation, applicant served with and pleaded guilty to…
    Result:
    Applications dismissed ; Costs reserved
  • Erikson v Lockley & Anor t/a John Lockley Transport

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – No written employment agreement – Applicant claimed should have received full net salary of $50,000 – Applicant employed to work weekdays and five hours on Saturdays…
    Result:
    Application granted (arrears of wages)(arrears of holiday pay) ; Arrears of wages ($2,460.81) ; Arrears of holiday pay ($196.86) ; Application dismissed (unjustified dismissal) ; Questions answered ; Costs reserved
  • Jefferson v Enduring Sales Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - ï¾½ day investigation meeting - Applicant sought filing fee and $350 costs - Authority found costs usually ordered by way of contribution to costs…
    Result:
    Costs in favour of applicant ($70) (Filing Fee)
  • New Zealand Fire Service v New Zealand Professional Firefighters Union

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Dispute as to whether fire fighters entitled to minimum three hours overtime for attending meetings when would otherwise be off duty, or whether simply entitled to payment for…
    Result:
    Questions answered in favour of applicant ; Costs reserved
  • O'Donoghue v G.P. and E.A. Clarke Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - 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
  • Downey v TEG Enterprises Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed from permanent part-time position - Respondent claimed applicant casual employee and denied dismissed applicant - First issue whether applicant casual or permanent employee…
    Result:
    Application granted ; Arrears of wages ($30.70) ; Reimbursement of lost wages ($3,280.50) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Aitchison v Intalink Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Determination of remedies – Previous determination found applicant entitled to commission of 10 percent of gross profit subject only to $5,000 of increased turnover per month…
    Result:
    Orders made ; Arrears of wages ($2,501.86)(commission payment) ; Costs to lie where they fall
    • 05 November 2008

    • AA 380/08

  • Bailey v Independent Extrusions Ltd (Inex)

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged when given final written warning - Claimed unjustified disadvantage exacerbated when denied right to work overtime and benefit from respondent’s bonus scheme during…
    Result:
    Application dismissed ; Costs in favour of respondent ($2,500)
  • Slingsby v Eden

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Earlier preliminary investigation held regarding identity of employer – Applicant amended proceedings, citing respondent as employer – Respondent argued applicant raised grievance outside 90 day period…
  • Nicholson v DB & AE Cheetham 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