• Stephens v Excell

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Travel arrangements made in advance - No arrangement for cover at work - Rang in sick - Manager discovered travel plans - Photographed applicant…
    Result:
    Application granted ; Reinstatement ordered
    • 27 February 2003

    • AA 49A/03

  • Wylie v Bosie New Zealand Ltd

    G J Wood [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful personal grievance - Less than ï¾½ day investigation meeting - Contribution of $660 sought - Respondent submits that costs should lie where they fall - Litigant…
    Result:
    Costs in favour of applicant ($95)
    • 26 February 2003

    • CA 20/03

  • Ali v Goodman Fielder New Zealand Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged applicant arranged plan for employees to call in sick - Other employees absolved from being part of plan - Applicant alone could not…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($19,223 reduced to $12,494.95) ; Compensation for humiliation etc ($5,000 reduced to $3,250) ; Orders accordingly ; Costs reserved
    • 26 February 2003

    • AA 48/03

  • Singh v New Zealand Post Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Contribution of $8,000 sought to actual costs of $12,202 - Applicant litigant in person - Unnecessary lengthy investigation - Applicant unemployed - Ability to…
    Result:
    Costs in favour of respondent ($3,000)
    • 25 February 2003

    • WA 11A/03

  • Richards v Kiwi Kayaks

    D Asher [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Applicant legally aided - Applicant's contributory conduct reduced remedies - Calderbank offer greater than amount awarded by Authority - Contribution of $400 sought -…
    Result:
    Costs in favour of respondent ($50)
    • 25 February 2003

    • CA 19/03

  • Raubenheimer v Saffron Ltd

    P R Stapp [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - One day hearing - Respondent sought full solicitor client costs of $5,874 - No proper calderbank offer - Applicant's financial position would not prevent…
    Result:
    Costs in favour of respondent ($2,643.40)
    • 25 February 2003

    • CA 18/03

  • Taylor & Anor v Murdoch

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Applicant legally aided - Less than one day investigation meeting - Case important to both parties - Respondent's challenge in Employment Court withdrawn -…
    Result:
    Costs in favour of applicant ($3,000)
    • 25 February 2003

    • CA 17/03

  • Sharma v Pegasus Stations Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING OF PERSONAL GRIEVANCE - Leave sought to raise grievance out of time - Whether exceptional circumstances - Recent immigrant - Not aware of 90 day requirement - Employment agreement…
    Result:
    Application granted ; Costs reserved
    • 25 February 2003

    • AA 46/03

  • Griffiths v Goodman Fielder NZ Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Third party complaint led to dismissal - No response to grievances raised prior to dismissal - Vulnerable due to third party's threat to withdraw custom - Respondent…
    Result:
    Application granted ; Reimbursement of lost wages (3 months)(Quantum to be determined by parties) ; Compensation for humiliation etc ($7,500) ; Costs reserved
  • Reed Recruitment Ltd v Varadi

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Duty of fidelity - Applicant instructed employee to download client files and email to her at home - Investigation into reason for emailing files to applicant's…
    Result:
    Application dismissed (Breach of contract and unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($6,236.66)(Commission) ; (Quantum to be determined by parties)(Commission for last month of employment) ; Costs reserved
    • 24 February 2003

    • AA 45/03