• McKenzie v Hawksbury Community Living Trust Inc

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Dismissed for habitual lateness and failure to report lateness as required by previous warning - Earlier verbal warning…
    Result:
    Application dismissed (Unjustified disadvantage) ; Application granted (Unjustified dismissal) ; Reimbursement of lost wages (3 months less earnings)(reduced by 30%) ; Compensation for humiliation etc ($5,000 reduced to $3,500) ; Costs reserved
  • National Distribution Union & Ors v General Distributors Ltd & Ors

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court – Applicants commenced proceedings in Employment Court and sought penalties pursuant to s97 Employment Relations Act 2000 (ERA") – Section…
    Result:
    Application granted ; No order for costs
  • Jennings v Rodney's Welding Shop Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought unpaid annual leave and reimbursement of wages deducted for purportedly unsatisfactory work - No appearance by respondent - At start of…
    Result:
    Application granted ; Arrears of wages ($225) ; Arrears of holiday pay ($527.58) ; Interest (9.5%) ; Penalty ($4,000)($2,000 payable to Crown, $2,000 payable to applicant) ; Disbursements in favour of applicant ($70)(Filing fee)
  • de Souza v Waikato Students' Union

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful personal grievance - Investigation meeting 1 1/2days - First investigation meeting abandoned - Respondent claimed unnecessary costs incurred due to sham redundancy claim and costs should…
    Result:
    Costs in favour of applicant ($1,500)
  • Scott v The Chief Executive, Department of Corrections

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful unjustified disadvantage claim - One day investigation meeting - Respondent's Calderbank offer refused by applicant - Respondent alleged total costs were $22,172 - Sought reasonable contribution to…
    Result:
    Costs in favour of respondent ($5,000)
  • ABB Ltd v Dohrman

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Applicant sought declaration instruction to respondent lawful and reasonable, and order respondent comply with instruction and perform duties under employment agreement - Applicant provided engineering and maintenance services…
    Result:
    Question answered in favour of applicant ; Parties directed to mediation ; Costs reserved
  • Ruwhiu v Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Authority considered mediation would undermine urgent nature of proceedings - Respondent told staff restructuring likely and invited ideas to improve business - Consultant to deliver…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; Reimbursement of lost wages (quantum to be determined by parties) ; Reinstatement ordered ; Parties directed to mediation ; Costs reserved
  • Lawson v Wentworth College Board of Trustees

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant a teacher - Resigned before school holidays and gave finishing date of two weeks into new school year - At end of school year applicant…
    Result:
    Application granted ; Arrears of wages (One week) ; No order for costs
  • Laffey v Trust House Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Applicant had total costs of $5,966 - Respondent submitted costs should lie where they fall - Applicant submitted as…
    Result:
    Costs in favour of applicant ($5,000)
  • MacGougan v The West Coast District Health Board (WCDHB)

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged breach of confidence by respondent's representatives when it attempted to have him admitted to psychiatric clinic - Applicant had problems with anxiety,…
    Result:
    Application dismissed ; Costs reserved