• Turner v Preston Group Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant believed new employee to replace her - New employee took on some tasks previously performed by applicant - Numerous issues about applicant discussed…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Costs reserved
    • 14 January 2004

    • AA 17/04

  • Cowther v The Pool Shop 2002 Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Applicant's position made redundant because of amount of non-chargeable time - Not told future employment dependant on hours charged out - Not…
    Result:
    Application granted ; Arrears of wages (One month's notice) ; Compensation for humiliation etc ($4,000) ; Costs reserved
    • 14 January 2004

    • AA 16/04

  • O'Donnell and Ors v New Zealand Post Primary Teachers Association

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Applicants claimed payment for statutory and deemed holidays provided for in collective agreement - Whether entitled to statutory holidays which fell on days not otherwise working days -…
    Result:
    Application dismissed ; Costs reserved
    • 13 January 2004

    • WA 1/04

  • Shepherd v Glenview Electrical Services Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Preliminary issue - Mediated settlement under s149 Employment Relations Act 2000 - Alleged entered into settlement due to misrepresentation - Agreement concluded and signed by Mediator…
    Result:
    Application dismissed ; Costs reserved
  • Stepkowski v Union Medical Benefits Society Ltd t/a Kowhai Manor Rest home and Hospital

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Four day investigation meeting - Contribution sought to total costs of $11,360 - Applicant's financial situation grim - Case important to both parties -…
    Result:
    Costs in favour of respondent ($6,639.78) ; Disbursements ($3,360.22)
    • 12 January 2004

    • CA 1/04

  • Stowers v Auto Point Ltd and Ors

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful unjustified dismissal claim but unsuccessful claims for commission payments and mareva injunction - Authority found first respondent was applicant's employer - Question of identity of employer not…
    Result:
    No order for costs
    • 12 January 2004

    • AA 9/04

  • Nankivell v TBL Developments Ltd t/a DTA Performance Consulting Group NZ

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful compliance order - Unsuccessful personal grievance - Successful counterclaim - Applicant sought contribution of $2,000 to total costs of $3,800 - Offer of settlement before statement of…
    Result:
    Costs in favour of applicant ($1,500)
    • 12 January 2004

    • AA 8/04

  • Hunter v Sorensen Group Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Confirmation of legal aid not communicated until after investigation - Although not legally aided at time of substantive hearing was legally aided person for…
    Result:
    No order for costs
    • 12 January 2004

    • AA 7/04

  • Brebner v Moon Fish Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Contributory conduct 10 percent - Applicant sought contribution of $5,000 toward actual costs of $6,950 - No…
    Result:
    Costs in favour of applicant ($1,750)
    • 12 January 2004

    • AA 14/04

  • MacInnes v Tu Guys Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissal - Provided medical certificate that unfit for work for 3 days - During that time seen in bar not apparently ill - Asked for explanation…
    Result:
    Application dismissed ; Costs reserved
    • 12 January 2004

    • AA 13/04