• Edmonds v Adlyns Cleaning Services Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - No written employment agreement Applicant granted day off as unable to arrange childcare - Two days later applicant also required day off to look after children…
    Result:
    Application granted ; Reimbursement of lost wages ($550)(Two weeks) ; Compensation for humiliation ($3,000) ; Arrears of holiday pay ($176) ; Interest (9%) ; Costs reserved
  • A v D Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful application for leave to raise grievance out of time - Length of investigation meeting not specified - No submissions received from applicant - Respondent sought reimbursement of…
    Result:
    Costs in favour of respondent ($350)
  • Burnard International Ltd v Rahul Varma Saraya Povey

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF DUTY - GOOD FAITH - Applicant claimed respondents breached duties including implied duties of fidelity and good faith during employment - Respondents discussed dissatisfaction with employment and plans…
    Result:
    Application granted ; Remedies to be determined ; Costs reserved
  • B v Attorney-General in respect of the Ministry of Social Development

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION - Interim reinstatement - Respondent conceded applicant had arguable case, but submitted not a strong one - Claimed bail conditions imposed on applicant as result of criminal prosecution prevented…
    Result:
    Application declined ; Orders accordingly ; Costs reserved
  • Isaac v Chief Executive of the Ministry of Social Development

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed bullied in workplace and respondent failed to provide healthy and safe work environment – Respondent’s investigation into applicant’s complaints dealt with following bullying allegations: manager…
    Result:
    Applications dismissed ; Orders made ; Costs reserved
  • Smith v Danaflex Packaging Corporation Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Incapacity - Employment terminated on medical grounds - Applicant required to resume full rotating shift after not being required to work nightshifts for several years - Attributed…
    Result:
    Application dismissed ; Costs reserved
  • Wells v Rescare Management Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed predetermined summary dismissal following flawed and unfair investigation into performance – Also claimed unlawful suspension, harassment and breaches of good faith – Respondent provided residential…
  • Davies v Works Infrastructure Ltd (Northland)

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought leave to raise grievance out of time - Applicant instructed union solicitor to raise personal grievance - Representative unreasonably failed to raise grievance in…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • Service and Food Workers Union Nga Ringa Tota Inc v Spotless Services (NZ) Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    GOOD FAITH - BARGAINING - After initiation of multi-employer bargaining but before bargaining process agreed, respondent increased wages for non-union staff - Applicant argued breached good faith - No evidence…
    Result:
    Application granted in part ; Costs reserved
  • Holt v Zealandia Marine Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought $2,200 as contribution to costs - Respondent submitted costs to lie where they fall -…
    Result:
    Costs in favour of applicant ($2,000)