• Izett v Axiam Diecasting Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant injured back - Off work with medical certificate - Respondent's policy required employees to obtain clearance for return to normal duties as no…
    Result:
    Application dismissed ; No order for costs
  • Administrators of the Estate of the Late Wayne Torrie v Fonterra Co-Operative Group Ltd

    D Asher [Employment Relations Authority - Wellington]

    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
  • Li v Astral Management Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant supplied two purported employment agreements - Second document operative agreement - Applicant to be paid salary, not wages as claimed - Alleged worked 1,516 unpaid…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Perry v Tom Ryan Cartage Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether dismissed or abandoned employment - After discussing route's viability with drivers, respondent decided to disestablish applicant's position - Parties had different recollections of subsequent…
    Result:
    Application granted ; Reimbursement of lost wages ($5,236.88) ; Compensation for humiliation ($6,000 reduced to $4,800) ; Arrears of holiday pay ($1,697.84) ; Interest on holiday pay (7%) ; Costs reserved
  • Johnson v Haines Suzuki Marine Pty Ltd

    R A Monaghan [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, save that this…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Carruthers v Milano International (NZ) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Nothing to suggest parties turned mind to question of status, although likely respondent assumed contracting relationship - Applicant engaged as manager and…
    Result:
    Application dismissed ; Costs reserved
  • McGillivray v Godfreys Bakery

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Interim determination – Respondent alleged paragraphs in statement of problem breached s148(1) Employment Relations Act 2000 by referring to matters generated for purposes of mediation -…
    Result:
    Question answered in favour of respondent ; No order for costs
  • Bay of Plenty District Health Bord and Lakes District Health Board v Association of Professionals & Executive Employees Inc

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached interim agreement on employment relationship problem relating to Code of Good Faith for the Public Health Sector - Agreed on 'gatekeeper' protocol for provision of…
    Result:
    Consent order granted ; Orders accordingly ; Costs to lie where they fall
  • Darbyshire & Anor v PPCS Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    HEALTH AND SAFETY - Applicants sought order under s28A(8)(b) Health and Safety in Employment Act 2002 (HSEA") that operating bandsaw without water likely to cause serious harm - Considered respondent…
    Result:
    Application dismissed ; Orders accordingly ; Costs reserved
  • Miller v Nicholas Garden Group Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant responded to advertisement seeking full time and casual employees - Application for permanent position unsuccessful - Several months later respondent contacted applicant to ask if still…
    Result:
    Application granted ; Reimbursement of lost wages ($8,308.75)(8 months) ; Compensation for humiliation ($8,000) ; Costs reserved