• Rudolph & Anor v Christchurch City Council

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONRACT – First applicant employed in permanent full-time position – Respondent consulted applicants on restructuring – Respondent disestablished position and offered first applicant fixed term position – Letter…
    Result:
    Applications dismissed ; Costs reserved
  • Moreton v Acantech Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant incurred expenditure in his own name and sought reimbursement from respondent – Respondent had no control over applicant and he could…
    Result:
    Application dismissed ; No order for costs
  • Taylor & Ors v Office Max New Zealand Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Eleven applicants employed in various sales roles - Respondent attempted to introduce new commission structure – Would result in loss of income to applicants – Process of…
    Result:
    Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($6,000)(each applicant) ; Orders accordingly ; Costs reserved
  • Jack v Duratcech Wholesale Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether person intending to work - Applicant claimed unjustifiably dismissed when respondent withdrew offer of employment after she accepted it – Respondent accepted parties discussed employment but claimed…
    Result:
    Application dismissed ; Costs reserved
  • Metcalf (Labour Inspector) v Mr Sparkel Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought to recover holiday pay on behalf of TW – Respondent did not file statement in reply but granted leave to defend…
    Result:
    Application granted ; Arrears of Holiday pay ( $1,377.52) ; Interest (10%) ; Penalty ($2,000)($1,000 to Crown, $1,000 to Applicant) ; Disbursements ($70)(Filing fee)
  • Webb v NZ Tramways and Public Passenger Transport Employees Union (Auckland Branch)

    D King [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant alleged respondent disregarded union rules – Four unions, including respondent, engaged in negotiating multi union collective agreement – Respondent wanted to carry out postal ratification ballot –…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Pirimona & Anor v Wilson & Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Respondent exercised sufficient control over first applicant and his considerable hours meant integrated into business - First applicant an employee of second…
    Result:
    Application granted (Arrears) ; Arrears of holiday pay ($8967.25)(Payable by second respondent to first applicant); ($381) (Payable by first respondents to second applicant) ; Arrears of wages ($1,417.50 less $1,000)(First applicant) ; Application dismissed (Dismissal) ; Disbursements in favour of applicants ($70)(Filing fee)
  • McPherson v Olivers Central Otago Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant appointed as general manager of respondent with intention would ensure viability of business – Respondent argued almost immediately began having second thoughts about…
    Result:
    Application dismissed ; Costs reserved
  • Bush v Harvest Traders Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    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
  • McDonald v Allen Motors Northland Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed – Respondent claimed applicant resigned - Applicant had poor relationship with subordinate employee (“T”) – Applicant felt had been threatened…
    Result:
    Application dismissed ; Costs reserved