• McLennan v Tulloch Transport Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant on final warning - Dismissed for “clipping” traffic sign with wing mirror while driving truck - Respondent conducted investigation - Respondent took measurements…
    Result:
    Application granted ; Reimbursement of lost wages (Quantum to be determined)(One year less income earned and contribution) ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Costs reserved
  • Meere v Gifted Children's Advancement Charitable Trust Inc

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Discovery - Applicant sought disclosure of certain documents - Respondent claimed documents confidential - First document comprised of chairman of respondent's notes for personal use…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • Mr I v Mr C

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Successful personal grievance claim for unjustified dismissal – Remedies - Contributory conduct 20% applicable to monetary remedies - Compensation for humiliation etc $10,000 reduced to $8,000 –…
    Result:
    Application granted ; Reinstatement ordered ; Parties directed to mediation ; Reimbursement of lost wages (Quantum to be determined by parties, to be reduced by 20%) ; Compensation for humiliation etc ($10,000 reduced to $8,000) ; Orders accordingly ; Costs reserved
    • 03 May 2007

    • AA 138/07

  • Gillespie v Fox & Gunn Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant provided witness statement against another employee (M") for internal disciplinary investigation - Applicant agreed to make statement on condition name not disclosed to…
    Result:
    Application granted ; Reimbursement of lost wages (One week) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • McGregor v Mobil Oil New Zealand Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE - Redundancy - During employment applicant took extensive paid sick leave – While on leave advised respondent proposed restructuring that would see operations shifting to…
    Result:
    Application granted ; Reimbursement of lost wages (3 months)(Quantum to be determined) ; Compensation for humiliation etc ($8,000) ; Leave reserved to return to Authority to determine quantum of lost wages ; Costs reserved
  • Hammond & Anor v Bakel's Edible Oils (NZ) Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicants sought costs of $889 plus disbursements of $622 - Respondent submitted costs should lie where they fall as…
    Result:
    Costs in favour of applicants ($888.88) ; Disbursements ($429.10)
  • Southcombe v Freedom Air Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant dismissed for going on overseas trip while on sick leave - Had booked and paid for holiday before granted annual…
    Result:
    Application dismissed ; Costs reserved
  • Hakansson v Esther Monteith t/a Centre Cafe

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant irritated with co-worker and left work 10 minutes early saying Going a little early - I'm out of here - See…
    Result:
    Application granted ; Reimbursement of lost wages ($10,920) ; Arrears of holiday pay ($886.28) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • McNeill v Solid Energy New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant dismissed for falsifying sick leave in breach of contractual obligations and policy - Previously warned for taking unauthorised leave -…
    Result:
    Application granted ; Reimbursement of lost wages (3 months reduced to 6 weeks)(Quantum to be determined by parties) ; Compensation for humiliation etc ($10,000 reduced to $5,000) ; Costs reserved
  • Hardgrave v CustomKit Buildings Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Respondent claimed applicant resigned prematurely when performance and commitment issues raised - Applicant injured knee and not able to work - Manager found several…
    Result:
    Application granted ; Reimbursement of lost wages ($26,000 reduced to $13,000) ; Compensation for humiliation etc ($20,000 reduced to $10,000) ; Costs reserved