• Masefield v Watkins & Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant was employee - PAYE deductions as if were employee - Not in business on own account - Paid hourly rate for…
    Result:
    Application granted ; Reimbursement of lost wages ($2,925)(13 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved
    • 01 December 2004

    • AA 390/04

  • New Zealand Public Service Association v Bay of Plenty District Health Board

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Respondent successful in defending applicant's claim that respondent had breached collective agreement - Two hour investigation meeting - Respondent sought full costs or $6,000 towards total costs of…
    Result:
    Costs in favour of respondent ($500)
  • Tanner v Middle Eastern Food 2001 Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Order prohibiting publication of certain information had been made in previous determination - For avoidance of doubt, what order covered specified
    Result:
    Orders accordingly
    • 30 November 2004

    • WA 165A/04

  • Austin v Fonterra Cooperative Group

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed because respondent believed that applicant had removed its property from site without approval, sold property and withheld proceeds - Applicant removed scrap ring…
    Result:
    Application dismissed ; Costs reserved
    • 30 November 2004

    • CA 145/04

  • Rutten in his capacity as Trustee of Rutten Family Trust v Cooper

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Respondent successfully defended claim against him for damages and successfully recovered arrears of wages and an unlawful deduction - Respondent sought total costs of $2,343 - Applicant conceded…
    Result:
    Costs in favour of respondent ($1,500)
    • 30 November 2004

    • CA 126A/04

  • Douglas v Westpac Banking Corporation Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether lawful and reasonable instruction - Applicant instructed to complete enrolment form for diploma course - Applicant did not want to do course - Final warning then…
    Result:
    Application dismissed ; Costs reserved
    • 30 November 2004

    • AA 389/04

  • Tanner v Middle Eastern Food 2001 Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Application for enforcement of mediated settlement - No appearance for respondent - Authority told respondent's director in hospital - Not satisfied was good cause for respondent's non-appearance…
    Result:
    Compliance ordered ; Orders accordingly ; Costs in favour of applicant ($1,000) ; Disbursements ($70)
    • 29 November 2004

    • WA 165/04

  • Len Reid Oils Ltd v Walker

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Substantive determination found breach of consent order determination and granted compliance order - Applicant alleged total costs of $17,731 - Sought full solicitor-client costs - Costs included…
    Result:
    Costs in favour of applicant ($4,160)
    • 29 November 2004

    • WA 133A/04

  • Lane v Fisher and Paykel Appliances Ltd

    A Dumbleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent's property found at applicant's premises by Police executing search warrant - When questioned by respondent applicant gave account of different ways he had…
    Result:
    Application dismissed ; No order for costs
    • 29 November 2004

    • CA 144/04

  • Cooper (formerly Schiller) v Gray Fur Trading Co Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Applicant left work to attend husband's grandmother's funeral - Told staff member as manager not present - Later communicated return date…
    Result:
    Application granted ; Reimbursement of lost wages ($1,895) ; Compensation for humiliation etc ($12,000 reduced to $8,000) ; Costs in favour of applicant ($3,750) ; Disbursements (Rescheduled airfare)($274.36)
    • 29 November 2004

    • CA 143/04