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  • Strawbridge v Resene Paints Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Contribution of $4,911 plus disbursements of $162 sought - Reasonable contribution appropriate
    Result:
    Costs in favour of applicant ($1,000) ; Disbursements ($162)

    • 16 January 2003

    • AA 13/03

  • Odering-Kidby v Oderings Nurseries (Christchurch) Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached settlement during investigation meeting - Terms of settlement to be orders of Authority - Order that terms of settlement prohibited from publication
    Result:
    Consent order granted ; Orders accordingly ; No order for costs

    • 14 January 2003

    • WA 5/03

  • Port of Gisborne v Tahata & Ors

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Interpretation of individual employment agreements - Redundancy compensation - Applicants paid by salary - Plain meaning of agreements provided for redundancy compensation to be paid at the greater…
    Result:
    Application granted ; Arrears of wages ($1038.46)(RP) ; (Quantum to be determined by parties)(MT & JC) ; Costs to lie where they fall

    • 14 January 2003

    • AA 12/03

  • Gazley v Porirua City Council

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    INTERIM INJUNCTION - Application for interim reinstatement - Unjustified dismissal proceedings - Serious misconduct - Alleged failure to obey lawful instruction - Arguable case established - Issues of credibility -…
    Result:
    Application granted ; Interim reinstatement ordered ; Costs reserved

    • 13 January 2003

    • WA 4/03

  • Bierre v Diagnostic Medlab Services Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent refused to rescind resignation - Alleged failure to implement management structures - Alleged failure led to communications breakdown and severely disrupted working conditions…
    Result:
    Application dismissed ; Costs reserved

  • MacGregor v Les Mills Ferrymead Fitness Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether employee or volunteer - Applied for position - Not appointed to position - Offered position as unpaid trainee - Applicant undertook own business - Absence of remuneration…
    Result:
    Application dismissed ; Costs reserved

  • Adie & Ors v Accident Compensation Corporation (ACC)

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Interpretation of individual employment agreements - Redundancy - Whether out-sourcing amounted to dismissal for redundancy - Whether out-sourcing was sale or transfer of business according to employment agreement…
    Result:
    Question answered in favour of applicant ; Costs reserved

    • 08 January 2003

    • WA 3/03

  • Expo Digital Document Centres Ltd v Fester

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Interim injunction restraining respondent breaching terms of employment contract - Less than one day investigation meeting - Contribution of $8,250 plus disbursements of $112…
    Result:
    Costs in favour of applicant ($1,500) ; Disbursements ($112)

    • 08 January 2003

    • AA 10/03

  • Forsyth & Ors v Jungle Drum Message Systems Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether first and second applicants' redundancies genuine and fair - Constructive dismissal - Whether third and fourth applicants entitled to resign because position significantly altered…
    Result:
    Application granted ; Compensation for humiliation etc ($8,000)(PG) ; ($8,000)(BF) ; Costs reserved

    • 07 January 2003

    • WA 2/03

  • Bryson v Three Foot Six Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Employment agreement referred to contract for service - Numerous factors favoured contractor status - Provided own tools - No uniform or training…
    Result:
    Application dismissed ; Costs reserved