• Dotse Staff Association Inc v Chief of Defence Force

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Dispute as to interpretation of coverage clause in collective employment agreement (“CEA”) - Parties had changed wording of clause from previous CEA - Respondent offered job applicant “research…
    Result:
    Questions answered in favour of applicant ; Application dismissed (Good faith) ; Costs reserved
  • Sullivan v ABI Services (Wellington) Ltd t/a Cavit ABI Rehabilitation

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed casual employment became permanent employment and then unjustifiably dismissed - Respondent claimed applicant always casual employee and still on books - Applicant initially signed casual…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($9,962.55) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Prentice v S R Adamson Contracting

    D Asher [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
  • Hewlett v Winstone Pulp International Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed following investigation into whether removed co-worker’s hold card from equipment being repaired - Respondent alleged removal was breach of policy and constituted serious…
    Result:
    Application granted ; Reimbursement of lost wages (3 weeks) ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Turner v Talleys Fisheries Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed when respondent told could no longer keep job open due to illness absences – Respondent argued applicant resigned after abusing…
    Result:
    Application granted ; Compensation for humiliation etc ($6,000 reduced to $4,500) ; Costs reserved
  • Thompson v Wade

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought payment of 4 week notice period – Applicant while on sick leave contacted respondent and stated resigning and provided 4 weeks notice – Respondent…
    Result:
    Arrears of wages ($2,096.56) ; Arrears of holiday pay ($300.02) ; Costs to lie where they fall
  • Kiwikiwi v Maori Television Service

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Applicant claimed unjustified dismissal personal grievance raised in time as respondent aware of grievance - In alternative, leave to raise grievance out of time should be…
    Result:
    Application dismissed ; Costs reserved
  • A v B

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Applicant sought full indemnity costs of $12,127 plus disbursements or at least a substantial contribution to costs - Respondent…
    Result:
    Costs in favour or applicant ($6,000)
  • A v B and C

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Three day investigation meeting - Applicant sought indemnity costs of $32,629 - Argued indemnification of costs warranted given conduct of respondents was reckless, breached…
    Result:
    Costs in favour of applicant ($9,000) ; Disbursements ($232.50)
  • Thomson v Metros Publishing Group Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed Managing Director (“L”) performed “character assassination” of applicant in regular annual performance meeting – At end of meeting, applicant told L that…
    Result:
    Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved