• Tawhiwhirangi v The Chief Executive, Department of Corrections

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE - Serious Misconduct – Dismissed for assaulting prisoner – Applicant claimed prisoner asked for contraband and was refused - Prisoner injured during ensuing “control and…
    Result:
    Application granted (Dismissal) ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($10,000 reduced to $5,000) ; Reinstatement ordered ; Parties directed to mediation ; Application dismissed (Unjustified disadvantage) ; Costs reserved
    • 27 April 2007

    • WA 65/07

  • Dr Y v Bay of Plenty District Health Board

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant treated patient (“A”) at respondent – After A declared feelings for applicant, A discharged to GP’s care – Respondent investigated applicant’s management of A’s care after…
    Result:
    Application dismissed (Unjustified disadvantage, unjustified dismissal) ; Application granted (Non-publication order) ; Orders accordingly ; Costs reserved
  • Hawea v The Attorney General in respect of The Chief Executive Officer of the Child Youth & Family Services of Wellington

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Personal grievance not raised within 90 days - One hour investigation meeting - Respondent sought contribution of $2,000 to total costs of $5,000 - Respondent claimed applicant raised…
    Result:
    Costs in favour of respondent ($1,000) ; Disbursements ($584.11)(Airfares) ; ($79.15)(Taxi fares) ; ($11.88)(Tolls and photocopying)
  • Taurima v White Gloves Television Productions Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed on same day promised ongoing work, was dismissed when requested outstanding wages - Respondent claimed applicant employed on successive fixed term agreements based on funding…
    Result:
    Applications granted in part (Unjustified dismissal, Arrears of wages) ; Reimbursement of lost wages ($5,800)(8 weeks) ; Arrears of wages ($5,800) ; Applications dismissed (Arrears of holiday pay, penalty) ; Disbursements ($70)(Filing fee)
  • Saywell v New Zealand Management Academies Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed redundancy a sham and consultation process flawed - Whether redundancy genuine - Applicant had given evidence at co-worker's Authority investigation meeting - Respondent…
    Result:
    Application dismissed ; Costs reserved
  • Wendco (NZ) Ltd v Ward

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - 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
  • Hansen v Excel Digital Print 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
  • Paewai v Te Reo Whakapuaki Irirangi t/a Te Mangai Paho

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Interim reinstatement - Applicant summarily dismissed for serious misconduct, including bullying - Applicant had arguable case - Reimbursement of lost wages and compensation may be inadequate for loss…
    Result:
    Application granted ; Interim reinstatement ordered ; Parties directed to mediation ; Costs reserved
  • Turchie v Prestige Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - After period as temporary employee applicant appointed to permanent position - Performance concerns raised by manager - At subsequent meeting applicant alleged manager offered…
    Result:
    Application dismissed (Dismissal) ; Application granted (Penalty) ; Penalty ($500)(Payable to Crown) ; Costs reserved
  • Bachelor & 34 Ors v Secretary for Justice, Minstry of Justice

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Applicants submitted new Remuneration Policy misapplied - Respondent contended Policy, and associated obligations, overtaken by agreement reached with relevant employees to accept prescribed pay increases - Communications from…
    Result:
    Questions answered ; Costs reserved