• Norske Skog Tasman Ltd v Pulp & Paper Industry Council of the Manufacturing & Construction Workers Union

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING – Reference for facilitation – Applicant sought reference for facilitation under s50C(1)(b) Employment Relations Act 2000 (ERA") – Section 50C(1)(b) required bargaining for collective employment agreement (“CEA”) to be…
    Result:
    Application granted ; Costs reserved
  • Cunningham v Action Media Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned giving required notice period of four weeks - Respondent’s director (“M”) made number of remarks related to applicant’s sexuality…
    Result:
    Application granted ; Reimbursement of lost wages ($3,461.54)(Notice period) ; Loss of benefit ($60)(Mobile phone allowance) ; Compensation for humiliation etc ($3,800) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved
  • Baig v Cohesive Technology Integration (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Applicant claimed not paid for notice period worked and did not receive outstanding holiday pay - Authority found…
    Result:
    Application granted ; Arrears of wages and holiday pay ($4,143.59) ; Interest (9%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Reitzema v ELP Payroll Holdings Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant accepted not truthful about some information provided to respondent’s managers – However, strongly denied respondent’s claim of evidence alleged provided regarding contaminated premises…
    Result:
    Application dismissed ; Costs reserved
  • Devi v Manhaas Industries (2000) Ltd & Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful Arrears claim and Practice and procedure claim - One day investigation meeting - Costs to follow event - Applicant could not rely upon making claim of costs…
    Result:
    Costs in favour of respondents ($2,000)
  • A v B

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Respondent applied to discharge interim injunction - Applicant consented - Interim injunction previously issued to restrain respondent from continuing employment investigation into allegations directly related to…
    Result:
    Applications granted (non-publication order)(discharge of interim injunction)
  • Brown v Cohesive Integration (NZ) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of unauthorised deductions from final pay – Applicant argued deductions concerned period when applicant was on time off in lieu of overtime –…
    Result:
    Application granted ; Recovery of unlawful deduction ($3991.22) Recovery of monies ($362.00) ; Costs reserved
  • Schollum v Orange Wood Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful breach of contract claim - Less than one day investigation meeting - Respondent's total costs were $26,810 plus disbursements - Submitted contribution of $3,000 to costs warranted…
    Result:
    Costs in favour of respondent ($2,000) ; Disbursements ($300)
  • Lauago v Marketing Promotions Systems Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – No appearance for respondent – Respondent’s sole director (“F”) gave applicant letter from co-worker – Co-worker alleged applicant wore work merchandise (necklace) during work time…
    Result:
    Applications granted ; Reimbursement of lost wages ($3,240 reduced to $2,916) ; Compensation for humiliation etc ($2,000 reduced to $1,800) ; Arrears of wages ($34.40) ; Arrears of holiday pay ($131.22) ; Disbursements in favour of applicant ($70)(filing fee)
  • Chamberlain v ASB Bank Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed felt forced to resign and that respondent failed to honour offer to pay gratuity for 36 years of service – Respondent argued…
    Result:
    Application dismissed