• Caldwell-Anderson v Harbour Masters Ltd t/a Harbour Masters Restaurant and Bar

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Meeting to discuss handling of fight outside premises - Meeting resulted in manager disciplining applicant in sudden and abrasive manner - Given ultimatum to…
    Result:
    Application dismissed ; Costs reserved
    • 20 October 2003

    • AA 315/03

  • Mathieson v Regal Marine Ltd

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged unilateral reduction of hourly rate - Alleged failure to pay Christmas bonus - Hourly rate initially reduced as applicant did not have work…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,080) ; Costs reserved
    • 20 October 2003

    • AA 314/03

  • Rossiter v Spotless Services (NZ) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - Application related to claim for travel allowance - Alleged new evidence that parties agreed to be bound by collective agreement -…
    Result:
    Application dismissed ; Costs in favour of respondent ($2,000)
    • 17 October 2003

    • WA 66A/03

  • Tangiiau v Pendleton Corporation Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Settlement reached during investigation meeting - Terms of settlement recorded as consent order - Publication of terms of settlement prohibited
    Result:
    Consent order granted ; No order for costs
    • 17 October 2003

    • WA 151/03

  • W v YZ Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Alleged failure to advise in receipt of legal aid amounted to exceptional circumstances - Alleged failure to accept settlement…
    Result:
    Costs in favour of respondent ($500)
    • 17 October 2003

    • CA 89A/03

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

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Alleged non-payment of redundancy notice - Whether redundancy or resignation - Unprofitable to maintain office - Applicant refused request to work from home - Requirement of office…
    Result:
    Application granted ; Compliance ordered ; Counterclaim granted ; Orders accordingly ; Costs reserved
    • 17 October 2003

    • AA 313/03

  • CA v Jetconnect Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Contribution of $7,000 sought to total costs of $11,673 - Finding of disparity of treatment required more preparation than…
    Result:
    Costs in favour of applicant ($3,000)
    • 17 October 2003

    • AA 275A/03

  • Falwasser v R F Davis Logging Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Costs of $5,527 plus disbursements of $876 sought - Criteria for assessing costs outlined - Reasonable contribution appropriate -…
    Result:
    Costs in favour of respondent ($2,250) ; Disbursements ($872.62)
    • 17 October 2003

    • AA 245A/03

  • Mitchell v Quality Bakers South (a division of Goodman Fielder Ltd)

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Summary dismissal - Overrode safety switch on machine when fixing it - Another employee was helping applicant fix machine - Series of meetings to discuss - Applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($12,430 reduced to $5,589)(One year) ; Reimbursement of lost benefits ($13,480.75 reduced to $6,066.34)(One year) ; Compensation for humiliation etc ($7,000 reduced to $3,150) ; Costs reserved
    • 16 October 2003

    • CA 135/03

  • D'Sylva v Bhavi Enterprieses Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Gross negligence - Failure to identify phone cables during drilling - Contract provider refused to allow applicant onto site - Contract provider cited numerous…
    Result:
    Application dismissed ; No order for costs
    • 16 October 2003

    • AA 312/03