• Sharma v Vehicle Testing NZ Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged threatening comments by area manager - Applicant resigned" following final confrontation - Insufficient evidence of harassment, threats or bullying by area manager -…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($783.27) ; Counterclaim dismissed ; Costs reserved
    • 04 June 2004

    • AA 195/04

  • Briggs v New Zealand Gem Trading Company Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - New manager brusque and direct - Poor relationship with applicant - Alleged bullying" behaviour by manager - Applicant left workplace after confrontation with manager…
    Result:
    Application dismissed (Unjustified dismissal and unjustified disadvantage) ; Application granted (Penalty for failure to provide written employment agreement) ; Penalty ($1,000)(Payable to Crown)
  • Puru v Works Infrastructure Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
    • 03 June 2004

    • WA 71/04

  • Neilson v The Chief Executive, Department of Corrections

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant mentally unwell following alleged sexual assault - Frequent absences and reduced hours of work over eighteen month period - ACC concluded absences resulted from non-work related…
    Result:
    Application dismissed ; Orders accordingly ; Costs reserved
    • 03 June 2004

    • WA 69/04

  • Brown v Smith Crane and Construction Ltd

    J Wilson [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant attempted to withdraw recent resignation - Employment continued for two weeks before final termination - Factual dispute - Whether respondent accepted withdrawal of resignation unconditionally or…
    Result:
    Application dismissed ; Costs reserved
    • 03 June 2004

    • CA 64/04

  • Ashfield v Xclamation Ltd and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Contribution of $5,000 sought to total costs of $17,580 - Partial success to each side in interlocutory applications -…
    Result:
    Costs in favour of respondent ($3,500)
    • 03 June 2004

    • AA 193/04

  • Whittaker v Works Infrastructure Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
    • 02 June 2004

    • WA 70/04

  • Beecham v Edge Mortage & Insurance Brokers Ltd

    R A Monaghan [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - No appearance for applicant or respondent - Respondent likely to be placed in liquidation - Application dismissed
    Result:
    Application dismissed
    • 02 June 2004

    • CA 62/04

  • Purcell and Ors v Farrell-Graham and Ors

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - No appearance by first and second applicants - No appearance by respondent - Company liquidated - Failed to pay wages, expenses and holiday pay prior to liquidation despite…
    • 02 June 2004

    • AA 192/04

  • Dorset v Chemcolour Industries (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Quantum of remedies - Successful breach of contract claim - Applicant resigned - Respondent exercised discretion to pay only minimum valuation of applicant's units in staff…
    Result:
    Damages in favour of applicant (Quantum to be determined) ; Interest (6.5% per annum) ; Orders accordingly ; Costs reserved
    • 02 June 2004

    • AA 117A/04