• Svensson v ANZ National Bank Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Respondent sought to change applicant’s hours of work from 30 hours per week over four days to 30 hours per week over five days – Applicant claimed…
    Result:
    Application granted ; Orders made
  • Labour Inspector v R.V. Motor Home World (2003) Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears of holiday pay on behalf of MP - No appearance by respondent - Authority satisfied Labour Inspector's calculations correct -…
    Result:
    Application granted ; Arrears of holiday pay ($5,630.73) ; Interest (10%) ; Penalty ($3,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)
  • IT Maniacs Ltd v Ford

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful breach of contract claim - Successful personal grievance counterclaim but no remedies awarded - Length of investigation meeting not specified - Respondent adjudicated bankrupt - Official…
    Result:
    Costs to lie where they fall
  • Brodie v Opotiki Packaging and Coolstores Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed dismissal unjustified as actions not serious misconduct under company rules – Applicant missed grading errors on new quality control system – Site…
    Result:
    Application granted ; Pay in lieu of notice period ; Interest (8.7%) ; Costs reserved
  • Tony Galbraith Ltd v Emery

    D Asher [Employment Relations Authority - Wellington]

    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
  • Royal Puna & Anor v Haulage Transport Ltd

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Authority to determine whether all parts of grievance raised within 90 days – Matter originally dealt with by another Authority member (“A”) and directions issued…
    Result:
    Application dismissed ; No order for costs
  • Smith v Dannevirke High School

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – GOOD FAITH – Earlier determination where parties settled all matters and Authority issued consent order – Applicant claimed respondent procured applicant’s agreement to settle employment relationship…
    Result:
    Application dismissed ; Costs reserved
  • Pollock v MacDonald (Statutory Manager, Aranui High School)

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent failed to consider application for medical retirement – Respondent claimed applicant never formally applied for retirement, alternatively, argued did not meet requirements of Collective…
    Result:
    Application granted ; Compensation ($5,000) ; Compensation (loss of chance)($51,668.50) ; Costs reserved
  • Brown v Morrison

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant claimed not paid during employment - No appearance by respondent - Respondent submitted happy to pay applicant once received individual tallies, but rate payable less…
    Result:
    Application granted ; Arrears of wages ($6,179.65) ; Interest (10%) ; Disbursements in favour of applicant ($70)
  • Lee v Minor Developments Ltd t/a Before Six Early Education Childhood Centre

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Respondent’s manager (“A”) argued offered applicant casual employment with respondent – A argued provided applicant with standard casual employment agreement (“EA”) – Applicant claimed available…
    Result:
    Application granted (Dismissal)(Disadvantage) ; Compensation for humilitation etc ($2000) ; Costs reserved