• Klenner t/a Glorit Farms v Macdonald

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - PRACTICE AND PROCEDURE - Application to reopen investigation - Matters disposed of by earlier determination - Applicant (originally respondent) alleged did not receive notice of investigation meeting…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Cloete v Tyres Direct Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - Respondent claimed employment terminated by operation of valid fixed term agreement (“FTA”) - Authority found fixed term clause in employment agreement met…
    Result:
    Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($3,000) ; Application dismissed (Unjustified disadvantage) ; Application dismissed (Counterclaim) ; Disbursements in favour of applicant ($70)
  • Eastern Bay Independent Industrial Workers Union v Pedersen Industries Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Compliance sought with “tool account” provisions in Collective Employment Agreement (“CEA”) – Applicant argued respondent declined to reimburse union members for purchase of tools in accordance with…
    Result:
    Application dismissed ; Costs reserved
  • Chen v ZLC Ltd t/a Eulux Flooring

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed - Respondent claimed applicant’s employment not renewed in accordance with probationary period in employment agreement - Respondent claimed applicant lazy…
    Result:
    Application granted ; Reimbursement of lost wages ($8,970) ; Compensation for humiliation ($5,000) ; Arrears of wages ($1,279) ; Arrears of holiday pay ($92.10) ; Penalty ($1,000)(Payable to applicant) ; Costs reserved
  • Clark v Dargaville High School Board of Trustees

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Authority identified claims and remedies sought by applicant from previous determination AA 344/07 and statement of claim in District Court (“DC”) – Applicant refused to attend…
    Result:
    Orders made; Costs reserved
  • Wright v Hevila Pak Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Abandonment – Applicant claimed redundancy engineered to get rid of applicant due to conflict between applicant and chairman of board of directors (“F”) - Respondent…
    Result:
    Application dismissed (dismissal) ; Application granted (breach of contract)(counterclaim) ; Application dismissed (penalty)(counterclaim) ; Costs reserved
  • Horry v Eagle Technology Group Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Terms of settlement to remain confidential with all matters resolved…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Christiansen v Soar Printing Company Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant downloaded Photoshop software from respondent’s computer onto personal laptop – Caused damage to respondent’s computer – No authorisation to download software, and actions…
    Result:
    Application granted ; Costs reserved
  • Proffitt v Chief Executive, Department of Labour

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court – Applicant’s employment relationship problem had two parts – First part, an unjustified disadvantage grievance, determined by Authority in respondent’s…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • Potter v Australian Consolidated Press NZ Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by transfer of clients from applicant to co-worker, affecting commission – Also claimed unjustifiably disadvantaged by disciplinary process regarding performance – Applicant claimed…
    Result:
    Applications dismissed ; Costs reserved