• Johansen v Chief Executive, Department of Corrections

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Serious misconduct – Final written warning given in respect of applicant’s involvement in incident at Mt Eden Women’s Prison – After lock up two inmates were discovered…
    Result:
    Application dismissed ; Costs reserved
  • Smith v Nova Institute of Education NZ Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought $8,757.
    Result:
    Costs in favour of applicant ($2,000)
  • Petrie v Canterbury District Health Board

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Alleged respondent did not comply with restructuring provisions in collective employment agreement - Alleged did not negotiate as required - Alleged as no redeployment or retraining options available…
    Result:
    Application dismissed ; Costs reserved
  • Service & Food Workers Union Inc v Air New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING - Reference for facilitation in collective bargaining - Applicant alleged alternatively that bargaining unduly protracted, or strike had been acrimonious, or further strike proposed likely to substantially affect public…
    Result:
    Application granted ; No order for costs
  • Coombes v Soung Yueen Supermarkets

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - No written employment agreement - Respondent frequently raised concerns with applicant that performance not meeting expectations - Applicant told respondent he just about chucked…
    Result:
    Application dismissed ; Costs reserved
  • Parker v Ruapehu Alpine Lifts Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant drove snow mobile (skidoo") to check out maintenance issue - Stopped skidoo, leaving engine idling and skidoo rolled on top of him and…
    Result:
    Application dismissed ; Orders accordingly ; Costs reserved
  • Carrick v European Stone Surfaces Ltd t/a Granite Transformations

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Applicant provided own tools - Told tools were insured - After some tools stolen parties discovered tools not covered…
    Result:
    Application dismissed ; Costs reserved
  • Phillips v Bay of Plenty Polytechnic

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Cancelled classes and workshops gave applicant lighter workload - Staff felt applicant not pulling her weight" - At staff meeting Head…
    Result:
    Application dismissed (constructive dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Harris v CentrePort Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Whether applicant agreed to variation in respect of performance payments - Employment agreement could only be changed by agreement in writing signed by both parties - Term that…
    Result:
    Questions answered in favour of respondent
  • Curry v Fonterra Co-Operative Group Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought costs and disbursements of $10,164 towards total costs exceeding $20,000 and disbursements of $564 - Applicant's financial…
    Result:
    Costs in favour of respondent ($2,000) ; Disbursements ($563.79)