• Cliff v Air New Zealand Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Non-work related internet use including adult/sexually explicit sites – 4,400 site visits over 16 weeks - Senior employee – Investigation revealed anomalies in data…
    Result:
    Application dismissed ; Costs reserved
  • Hayward v Flat Bush Supermarket (New Zealand) Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether independent contractor or employee - Applicant did own taxes - Respondent provided receipts stating applicant independent contractor - Also produced warning letters - Warning letters contrived for…
    Result:
    Application granted (Unjustified dismissal) ; Reimbursement of lost wages $1,065.87)(12 weeks) ; Compensation for humiliation etc ($3,000) ; Application dismissed (Arrears of wages) ; Costs reserved
    • 01 June 2005

    • AA 185A/05

  • Dreliozis v Telecom New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Applicant to withdraw personal grievance claim - Costs to lie…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Askew v Tegel Foods Ltd T/as Coq Au Vin Poultry

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Respondent sought reasonable contribution to costs of $4,580 - Calderbank offer refused - Calderbank offer not made in unfair manner - Financial hardship to…
    Result:
    Costs in favour of respondent ($2,000)
  • Mark v Power Farming (Wholesale) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance but unsuccessful claim under Fair Trading Act - Compensation of $9,000 awarded - Applicant sought full costs of $6,200 plus GST and disbursements of $250…
    Result:
    Costs in favour of applicant ($3,000) ; Disbursements ($250)
  • Bell v JHL Paint Management Services Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether independent contractor or employee - Independent contractor relationship at outset - Relationship labelled as being labour only" contractor - Applicant submitted invoices, was GST registered and had…
    Result:
    Application dismissed ; Costs reserved
  • Collins v Ngati Porou Hauora Inc

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissed for alleged abandonment - Applicant suffered accident which caused her to be off work for number of months - Doctor did not provide respondent with medical…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000 reduced to $2,000) ; Costs reserved
  • Habgood v Norske Skog Tasman Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    INTERIM REINSTATEMENT - Alleged unjustified dismissal following long absence - Applicant suffered stress related illness which she alleged was work-related - Sought reinstatement but not to her duties and was…
    Result:
    Application dismissed ; Costs reserved
  • George v Datacom Engineering Services Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance but contributory conduct - Calderbank offer - Defendant sought costs to lie where they fall - Applicant sought contribution to costs of $5,160 - Calderbank…
    Result:
    Costs in favour of applicant ($1,000)
  • Diamond v Capital Communications Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine and procedurally fair - Applicant aware throughout employment that were financial difficulties - Respondent suggested an alternative position but applicant did not take…
    Result:
    Application dismissed ; Costs reserved