• The New Zealand Post Primary Teachers' Association and Ors v The Attorney General, on behalf of The Secretary of Education being The Chief Executive of The Ministry of Education and Ors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal of matter to Employment Court - Dispute over whether respondent properly implemented decisions of Teachers' Arbitration Panel - Alleged important question relating to…
    Result:
    Application granted ; Matter removed to Court ; No order for costs
    • 17 November 2004

    • WA 160/04

  • New Zealand Police Association Inc v Commissioner of Police

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Reasons for determination allowing application for removal of proceedings to Employment Court - Dispute over whether parties' employment agreement met requirements of Holidays Act 2003 -…
    Result:
    Application granted ; Matter removed to Court ; No order for costs
    • 17 November 2004

    • WA 157/04

  • Haste v Midcity Childcare Centre Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant informed respondent she would be resigning - Applicant became angry at respondent after reasonable instruction - Meeting to clarify date of departure and…
    Result:
    Application granted ; Costs reserved
    • 17 November 2004

    • AA 375/04

  • Felton, formerly known as Amrein v UBD (a division of W & H Publications Ltd)

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Business reorganisation - Discussion and offer of new position in co-worker's team - Plans for new role dropped - Told new position not going ahead…
    Result:
    Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Application dismissed (Unjustified disadvantage) ; Costs reserved
    • 17 November 2004

    • AA 374/04

  • Burch v Independent Monitoring Services Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Suspension - Suspended on pay after caught sleeping while at work - No opportunity to comment - Suspension for short period - No disadvantage - 100% contributory…
    Result:
    Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) ; Penalty ($1,000)(payable to Crown) ; Costs reserved
    • 17 November 2004

    • AA 373/04

  • Dantra v Invacare (New Zealand) Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant created spreadsheet comparing salary rates and increases of staff - Intended to use information to support argument for salary increase - Information confidential…
    Result:
    Application dismissed ; Costs reserved
    • 17 November 2004

    • AA 372/04

  • Russell v Hawkes Bay District Health Board

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Whether redundant employee could claim redundancy compensation for service not recognised in previous redundancy payment - Applicant had received redundancy compensation from previous position capped at 20 years…
    Result:
    Question answered in favour of respondent ; Costs reserved
    • 16 November 2004

    • WA 156/04

  • Farrell v Aotearoa Resorts Ltd

    A Dumbleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Suspension - Unilateral four month suspension during off season - Redundancy situation would have arisen but consultation and notice required - Suspension unlawful - Arguably dismissed but…
    Result:
    Application granted ; Reimbursement of lost wages (Unjustified disadvantage)($2,667) ; (Unjustified dismissal) ($11,769.30) ; Other monies (Holiday pay on lost wages) (Unjustified disadvantage)($160) ; (Unjustified dismissal) ($1,020) ; Compensation for humiliation, etc ($6,000) ; Costs in favour of applicant ($2,650)
    • 16 November 2004

    • CA 135/04

  • Rolleston v Egas Software Ltd t/a Sage New Zealand

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Probationary employment - Respondent terminated applicant's employment after extending probation period - Not advised of purpose for meeting - No opportunity to have representative…
    Result:
    Application granted ; Compensation for humiliation, etc ($1,500) ; Costs reserved
    • 16 November 2004

    • AA 371/04

  • Albert v New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    GOOD FAITH - Applicant employee sought declaration that respondent union breached obligation to deal with her in good faith - Authority previously determined applicant's employment relationship problem had been resolved…
    Result:
    Application dismissed ; Costs reserved
    • 16 November 2004

    • AA 370/04