• Wahiapu v Te Whare Hauora O Ngati Kahu 2000 (Ki Tauranga) Inc

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Authority noted matter extremely protracted – Applicant employed part-time by respondent, a non-profit incorporated society – Manager (“H”) concerned with applicant’s skills levels and poor performance –…
    Result:
    Application dismissed ; Costs reserved
  • Mueller v Kiser

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with mediated record of settlement - Respondent was to pay applicant $300 by direct credit - Authority found settlement agreement clear about requirement to…
    Result:
    Compliance ordered ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee)
  • Yuill v G&K Fowler Ltd t/a First Ave Panel and Paint

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Respondent’s director (“F”) informed by co-worker applicant using respondent’s premises, equipment, and paint to complete private job on vehicle – Applicant conceded completed private job but argued…
    Result:
    Application granted ; No remedies (100 percent contributory conduct) ; Costs reserved
  • Butcher v New Zealand Post Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances notified within 90 day period – Applicant filed constructive dismissal grievance relating to resignation occurring eight months prior – At hearing, applicant sought to…
    Result:
    Application dismissed ; Costs reserved
  • Eastern Bay Independent Industrial Workers Union v Norske Skog Tasman Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Applicant sought declaration as to interpretation of annual holiday provisions in collective employment agreement (“CEA”) - Applicant sought clarification as to whether entitlements for extra weeks leave for…
    Result:
    Questions answered in favour of respondent ; Costs reserved
  • Dixon t/a Ragamuffins (2) v Hirst

    D King [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant claimed owed annual holiday pay paid in advance by respondent - Applicant claimed parties agreed while respondent training, applicant would pay part of annual leave…
    Result:
    Application granted ; Recovery of monies ($532.77)(annual holiday pay paid in advance) ; Disbursements in favour of applicant ($70)(filing fee)
  • Provida Foods Ltd v Davidson & Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement for interim relief between themselves - First respondent undertook to be bound in all respects with provisions of specified clauses…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Heap v Calibre Plastics Ltd

    R Arthur [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed dismissal for redundancy not genuine and not fairly carried out – Applicant employed to sell particular brand of specialised medical equipment – Applicant had sold…
    Result:
    Application granted ; Redundancy compensation (2 ï¾½ weeks) ; Arrears of holiday pay (1 day) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • A v B & C

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    SEXUAL HARRASMENT – CONSTRUCTIVE DISMISSAL – Applicant claimed unjustifiably constructively dismissed following respondent’s failure to fully and fairly investigate complaint of sexual harassment by co-worker (“D”) – Respondent a partnership…
    Result:
    Application granted ; Reimbursement of lost wages ($5040) ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • The Estate of Mary Kay Parkes v Chief Executive of the Ministry of Social Development

    M Urlich [Employment Relations Authority - Auckland]

    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