• McMillan v Attorney-General in respect of the Chief of Defence Force of the New Zealand Defence Force

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNFAIR BARGAINING - Fixed term agreement - Alleged induced into entering into agreement by misrepresentations and lack of good faith - Respondent accepted bargaining unfair - No binding guarantees of…
    Result:
    Application granted ; Compensation ($2,000) Costs reserved
    • 12 September 2003

    • WA 129/03

  • Smith v Taieri Wastebusters Trust Inc

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT - Alleged respondent reduced hours of work and prevented use of respondent's vehicle for travel to and from work in breach of employment agreement - Discussions over…
    Result:
    Application granted in part ; Arrears of wages and holiday pay (Quantum reserved) ; Interest (7 percent) ; Disbursements in favour of applicant ($70)(Lodgement fee)
    • 12 September 2003

    • CA 97/03

  • Firmin v Resene Paints Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement…
    Result:
    Consent order granted ; No order for costs
    • 11 September 2003

    • WA 128/03

  • Smith v C R Soanes Ltd

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Scope of employment - Worked as driver but did not have correct driver's license - Moved to factory work - Respondent alleged move because…
    Result:
    Application granted ; Reimbursement of lost wages ($3,606.40 reduced to $2,163.84) ; Compensation for humiliation etc ($1,800) ; Costs reserved
    • 11 September 2003

    • AA 279/03

  • Whiston v Waiariki Institute of Technology

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Sought contribution of $6,000 to total costs of $10,000 plus disbursements - Costs to follow event - Representatives progressed…
    Result:
    Costs in favour of applicant ($2,000)
    • 11 September 2003

    • AA 221A/03

  • Graham v Airways Corporation of New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Alleged failure to adequately complete training - Alleged critical mistake during training - Whether dismissal available for failure - Alleged training examination too long…
    Result:
    Application dismissed ; Costs reserved
  • Tai v Robinson t/a Coronation Lodge Rest Home

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - De novo challenge filed in Employment Court - Appropriate to determine costs in Authority - Sought contribution to total…
    Result:
    Costs in favour of respondent ($1,500)
    • 09 September 2003

    • WA 94A/03

  • Smith and Ors v Vice Chancellor of the University of Canterbury

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Whether free car parking term or condition of employment - Respondent sought to charge fee for previously free parking for employees - Whether removal of free parking reduced…
    Result:
    Application dismissed ; Question answered in favour of respondent ; Costs reserved
    • 09 September 2003

    • CA 96/03

  • Stewart v The Commissioner of Police

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged important questions of law - Whether prosecution of disciplinary charges under Police Act 1958 amounted to…
    Result:
    Application granted in part ; No order for costs
    • 09 September 2003

    • AA 278/03

  • Niblett v Renwick t/a Good Times Juice Company and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - No written employment agreement - Interviewed by first respondent - Told that first respondent to become shareholder of company - Introduced to…
    Result:
    Question answered in favour of respondents ; No order for costs
    • 08 September 2003

    • CA 95/03