• Erueti v Te Runanga O Wharekauri Rekohu Inc

    P R Stapp [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
  • Machon v Vice Chancellor of Massey University

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Respondent argued applicant failed to raise grievance in time – Respondent raised concerns at applicant’s performance review – Applicant submitted resignation but no reasons provided –…
    Result:
    Application granted ; Costs in favour of respondent ($6,000)
  • Smith and Ors v Royal New Zealand Plunket Society

    D King [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Authority to determine whether settlement reached regarding applicants’ personal grievances – Respondent argued claims negotiated and agreement reached through applicants’ union (“ASTE”) – Respondent provider of education and…
    Result:
    Questions answered in favour respondent ; Costs reserved
  • Philpott v Refinery Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Two weeks’ employment - Respondent claimed employment terminated by agreement - Applicant hired to replace experienced beauty therapist - Respondent received complaints about applicant’s…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Rusbatch v Corstorphine House Services Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant initially claimed constructive dismissal, however, Authority found unjustified disadvantage grievance under s122 Employment Relations Act – Applicant claimed respondent pursued course of conduct with deliberate intention…
    Result:
    Application granted (Disadvantage) ; Application dismissed (Constructive dismissal) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Benson v Air Nelson Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant questioned by supervisor (“L”) as to whether always charging for excess baggage - Applicant replied in the negative and said was own form…
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Airline Pilots Association Inc v Air Nelson Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant had sought declaration as to lawfulness and effect of notice of intention to strike - Urgency sought and…
    Result:
    Application granted ; Matter removed to Court ; Costs reserved
  • Jamieson v Autoterminal New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant granted one week leave to complete house repairs – Prior to taking leave applicant told administration manager (“C”) second week of leave may be required –…
    Result:
    Application granted ; Reimbursement of lost wages ($8,437.50) ; Compensation for humiliation etc ($7,000 reduced to $5,250) ; Costs reserved
  • Pugh v Emerson

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - No appearance by respondent - Authority satisfied applicant worked for respondent and was owed outstanding holiday pay -…
    Result:
    Application granted ; Arrears of holiday pay ($2,737.11) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Donald v Accident Compensation Corporation

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent circulated restructuring proposal to applicant and co-workers in Human Resources Account Management (“HRAM”) positions and sought feedback – Applicant told during consultation process…
    Result:
    Applications dismissed (Dismissal) (Disadvantage) ; Costs in favour of respondent ($2,500)