• Rosenberg v Air New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether accord and satisfaction – Applicant sought to reinstate withdrawn proceedings – Respondent alleged claims resolved – Facts did not show agreement that personal grievance claim…
    Result:
    Application granted ; Costs in favour of respondent (Application to proceed) ; No order for costs (Withdrawn application)
  • Alloy Yachts International Ltd v Ewins

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES - Applicant sought order for repayment of money lent to respondent to purchase tools - No appearance for respondent - Applicant subsidised purchase of tools by staff…
    Result:
    Application granted ; Orders accordingly ; Recovery of monies ($998.82) ; Interest owing ($32.88) ; Interest (8.65%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Waugh v H.B. Holdings Ltd t/a Dive HQ Tauranga

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant dismissed at end of three month trial period - Received verbal warning following complaint acted unprofessionally when admitted drinking night before to customer…
    Result:
    Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Grant v PRP Auckland Ltd (previously Axiom Rolle PRP Valuation Services Ltd)

    J Wilson [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 - Terms of settlement full and final -…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Kells v Harley & Ors

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Terms of settlement full and final -…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Sidal v Chief of Defence Force

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant dismissed for arriving at work intoxicated, insubordination, threatening and abusive behaviour, and making false accusations - Credibility of parties -…
    Result:
    Application dismissed ; Costs reserved
  • Roland v Amalgamated Builders Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Authority had reserved leave to applicant if any issues remained after provided with full account of money paid to him following termination of employment - Applicant…
    Result:
    Application granted ; Orders accordingly ; No order for costs
  • McKay v Woodend Preschool & Nursery Ltd t/a Minnies Preschool

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant employed on fixed term while permanent employee (KR") on parental leave - Respondent claimed applicant resigned and later changed her mind…
    Result:
    Application dismissed ; Costs reserved
  • Wu v Hamilton Holdings (2002) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant real estate salesperson - At interview applicant told position commission only" - "Commission only" not synonymous with "contractor" - Discussion did…
    Result:
    Application dismissed ; Costs reserved
  • Eastern Bay Indepenent Industrial Workers Union Incorp v Cater Holt Harvey Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful application to reopen investigation meeting - Length of investigation meeting less than one day - Respondent sought full costs of $37,951 - High costs due to respondent's…
    Result:
    Costs in favour of respondent ($10,000)