• Ferguson v Sounds of Forest Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court -Initiating party had commenced proceedings in Court for declaration that was employee - Had also commenced unjustified dismissal proceedings in…
    Result:
    Application dismissed ; Costs reserved
  • Gibbs and Anor v Crest Commercial Cleaning Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal of matter to Employment Court – Applicants formerly employed by third party which held a cleaning contract with the Dunedin Kindergarten Association (“DKA”)…
    Result:
    Application granted ; Matter removed to Employment Court ; Costs reserved
  • A v R

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Racial harassment - Alleged relieving manager called applicant racially offensive term (the n" word) - Applicant used the "n" word in private life - Co-workers called applicant…
    Result:
    Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) ; Compensation for humiliation etc ($3,000 reduced to $1,000) ; Non-publication order ; Costs reserved
  • Reid v Kavanagh

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought $500 towards total costs of $1,350 - Appropriate that applicant pay one third of actual…
    Result:
    Costs in favour of respondent ($450)
  • Craigie v Air New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Summary dismissal – Serious misconduct - Three incidents relied upon for summary dismissal - Criminal charges in 1996 - Conviction for assault in 2001 - Convictions under…
    Result:
    Application dismissed ; Costs reserved
  • Tijsen and Anor v Cottle and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Second respondent (“I”) registered company in Samoa – Not registered under Companies Act 1993 – However, still maintained separate legal personality – I was employer - New Zealand…
    Result:
    Application granted ; Arrears of wages (US$22,391.81)(AJ) ; (US$17,913.44)(PJ) ; Interest (8.5 percent) ; Penalty (NZ$2,000)(To applicants) ; Damages (US$6,250)(AJ) ; ($5,000)(PJ) (Failure to give notice - to extent damages paid by C, amount owing by I to be reduced); Damages (NZ$2,500)(AJ) ; (NZ$2,500)(PJ)(Emotional distress) ; Costs reserved
  • Millar v Re/Max New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent worked in head office supporting franchises - Summarily dismissed for giving third party confidential financial information about franchise and making derogatory comments about…
    Result:
    Application granted ; Reimbursement of lost wages ($7833.32 reduced to $3916.66)(2 months reduced to 1 month) ; Compensation for humiliation etc ($7,000 reduced to $3,500) ; Costs reserved
  • MacDonald v Summerbilt Products Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Performance issues - Concerns by applicant about terms of employment - Applicant slipped from back of workplace vehicle and injured elbow - Certified unfit to work and…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted in part (Arrears of wages and holiday pay) ; Arrears of wages ($480.77 gross)(1 week) ; Arrears of holiday pay ($90.70) ; No order for costs ; Disbursements ($70)(Filing fee)
  • Naughton v Vice-Chancellor University of Auckland

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    – UNJUSTIFIED DISMISSAL – Applicant’s position had initial term of four years, which could have been continued by agreement pursuant to Continuation policy - Applicant applied for continuation – Continuation…
    Result:
    Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Reinstatement ordered ; Compensation for humiliation etc ($10,000) ; Recommendations made accordingly ; Cost reserved
  • Wikaira v Hokianga Health Enterprises Trust

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Alleged applicant slapped elderly patient on the hands – Alleged failure to disclose identity of witnesses – Public interest in preserving flow of information…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,500) ; Costs reserved