• Fox v Atlas Quarries Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFED DISMISSAL - Constructive dismissal - Applicant alleged forced out of employment - Applicant away from work for nearly a month on sick leave before advised would not be returning…
    Result:
    Application dismissed ; Costs reserved
  • Stubbings v Ministry of Social Development

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Applicant applied for early retirement on medical grounds - Initially told entitled to medical retiring leave and retiring leave - Later told entitled to medical retiring leave only…
    Result:
    Question answered in favour of respondent ; Orders accordingly ; Costs reserved
  • Unite Union Inc v Gateway Motel Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING – Reference for facilitation – Applicant alleged respondent breached bargaining agreement and good faith obligations - Facilitation not opposed by respondent - Despite two bargaining sessions, two mediations, correspondence,…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • Buck v Gourmet Foods Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed respondent’s breach of duty of trust and confidence caused resignation - Claimed respondent’s “cavalier attitude” impeded resolving issues with customers - Claimed…
    Result:
    Application dismissed ; Costs reserved
  • Faith v Taonga imports Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    JURISIDCITON - Whether employee or business partner - Applicant and respondent’s director relatives - Set up respondent together - Applicant claimed was employee and 50% shareholder of respondent - Respondent…
    Result:
    Orders accordingly ; Costs reserved
  • Panel Holdings Ltd v Paki

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful breach of contract - Unsuccessful personal grievance - Length of investigation meeting not specified - Applicant's costs included $13,369 legal fees, $596 disbursements and $15,655 for forensic…
    Result:
    Costs in favour of applicant ($5,000) ; Disbursements ($595.55) ; Forensic Accounting Fees ($15,654.98)
  • Gray v The Chief Executive Department of Corrections

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant alleged disadvantaged by manager’s comments when respondent reviewed organisational structure - Told by other management not to take too much from alleged comment - Applicant claimed…
    Result:
    Application dismissed ; Costs reserved
  • Cadman v Napier Girls High School Board of Trustees

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant commenced work as contractor - Submitted invoices and withholding tax deducted - At some point applicant advised had been moved onto…
    Result:
    Application dismissed ; Costs reserved
  • Ashton v PMP Print Ltd

    R Arthur [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Two years before Soccer World Cup applicant joined syndicate fundraising to attend - Respondent knew applicant in syndicate - Claimed discussed leave with manager…
    Result:
    Application dismissed ; Costs reserved
  • Unite Incorporated v Independent Liquor (NZ) Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant union sought declaration respondent’s restrictions on site access unlawful - Pre-emptive application – Applicant sought full access without management escort, after appropriate health and safety briefing –…
    Result:
    Question answered in favour of respondent ; Costs reserved