• Kelly v The NZ House Inspection Company (Wellington) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached 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
  • Peachey v Air New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant had worked for respondent in cargo for 31 years - Video surveillance showed applicant removing magazines from unit load device - Dismissed for…
    Result:
    Application dismissed ; Costs reserved
  • Philpott and Anor v Feral Strategies Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether independent contractor or employee - Applicants carried out pest control work for respondent - That one applicant filled out IRD form for contractors not given much weight…
    Result:
    Application dismissed ; No order for costs
  • Henderson and Anor v Unitec Institute of Technology and Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant had affair with another staff member whose wife worked part time for respondent - Applicant upset with amount of time wife continued to…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • Roberts v Commissioner of New Zealand Police

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Whether action commenced in Authority no more than three years after date on which personal grievance raised - Applicant dismissed following hearing by Police Disciplinary Tribunal…
    Result:
    Application struck out ; Costs reserved
  • Timu v Waitamata District Health Board

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Verbal and physical abuse of patient - Issue with earlier incident with second patient was a red herring - Respondent not aware of earlier…
    Result:
    Application dismissed ; Costs reserved
  • Moody v Foodstuffs (Wellington) Co-operative Society Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Respondent had performance management system which measured speed at which workers completed their duties - Applicant received warnings for failure to meet standards on…
    Result:
    Application dismissed ; Costs reserved
  • Recon Professional Services Ltd v Goode

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Application for enforcement of consent order withdrawn - Respondent sought contribution of $333 towards actual costs of $500 - Not a matter for costs - No investigation required…
    Result:
    Costs to lie where they fall
  • Hauraki v Te Awa o Te Ora Trust

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Suspension - Applicant placed on garden leave - No contractual entitlement to suspend - No opportunity for applicant to be heard - Unjustified disadvantage - UNJUSTIFIED DISMISSAL…
    Result:
    Application dismissed (breach of Authority's order) ; Applications granted (personal grievances and breach of contract); Reimbursement of lost wages ($6,923.07 reduced to $6,230.77)(8 weeks) ; Compensation for humiliation etc (unjustified dismissal)($10,000 reduced to $9,000) ; (unjustified disadvantage)($2,000) ; Costs reserved
  • Johnstone v Morrisson Bar Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES, HOLIDAY PAY AND OTHER MONIES - No appearance for respondent - Applicant frequently not paid on time - Started incurring penalties from bank when automatic payments not…
    Result:
    Arrears of wages and holiday pay ($7,273.58) ; Other monies ($3,243.55)(Telephone expenses) ; ($1,327.47)(Glassware) ; Costs reserved