• Tawhiwhirangi v The Attorney General in respect of the Department of Corrections

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court - Applicant sought urgent compliance order requiring respondent to cease disciplinary investigation until Employment Court disposed of challenge to applicant’s…
    Result:
    Application granted ; Orders accordingly ; No order for costs
  • Choveaux v Accident Compensation Corporation

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant alleged respondent failed to provide safe workplace - Applicant’s manager subject of anonymous offensive emails that also mentioned applicant - Respondent attempted to ascertain sender but…
    Result:
    Application granted (Dismissal) ; Reimbursement of lost wages ($1,619.97) ; Compensation for humiliation etc ($10,000 reduced to $8,000) ; Application dismissed (Disadvantage) ; Costs reserved
  • Northern Amalgamated Workers Union Inc v Gourmet Mokai 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 - Agreed variation to collective employment agreement (CEA") - Agreement recorded…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Bridge v Wairau Intermediate School

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFED DISMISSAL - UNJUSTIFED DISADVANTAGE - Constructive dismissal - Respondent submitted applicant remained an employee on leave without pay - Applicant operated own business in addition to employment - Felt…
    Result:
    Application dismissed ; Costs reserved
  • Hand v Hayson

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by respondent - Claimed threatened and assaulted by supervisor while at work - Told respondent he would no longer work with supervisor…
    Result:
    Application granted ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($500)
  • von Tunzelman v Taylor & Anor

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Quantum of remedies - Authority had ordered respondents to supply further information to allow it to calculate quantum of commission owed to applicant - Respondents failed…
    Result:
    Quantum specified ; Arrears of wages ($40,000) ; Orders accordingly ; No order for costs
  • Kurene and Anor v United Group Rail (NZ) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - First applicant (K") dismissed for alleged failure to follow reasonable instruction of supervisor ("S") – During first investigation meeting, respondent conceded…
    Result:
    Applications granted ; Compensation for humiliation etc ($14,000) ; Breach of contract ($6,000)(Damages) ; Costs reserved
  • Burns & Ors v Reliance Transport Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – JURISDICTION – Applicants agreed to lodge consolidated personal grievance actions – Applicants claimed unjustifiably dismissed – Identity of employer preliminary issue – Respondent argued not party…
    Result:
    Application dismissed ; Orders accordingly ; Costs reserved
  • Drummond v National Union of Public Employees Inc

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Respondent unilaterally varied employment agreement by reducing applicant’s hours - Applicant entitled to reject purported variation and insist on proper performance of agreement - Entitled to full…
    Result:
    Application granted (Disadvantage) ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($5,000 reduced to $2,000) ; Application dismissed (Dismissal, Arrears of holiday pay, Redundancy) ; Counterclaim dismissed ; Costs reserved
  • Ng v Whitireia Community Polytechnic

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed on expiry of fixed term employment – At end of teaching cycle, respondent told applicant would not teach next cycle – Authority found…
    Result:
    Application dismissed ; Costs reserved