• Coley v Tararua Heliwork Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Proceedings withdrawn during investigation meeting - Contribution of $2,000 sought - Confusion as to identity of employer - Ability to pay - Appropriate for costs to lie where…
    Result:
    Costs to lie where they fall
    • 11 December 2002

    • WA 132/02

  • South Pacific Tyres Rubber Workers Union Inc v South Pacific Tyres (NZ) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Parties consented to removal - Proceedings involving same parties and similar issues before the Court - Residual…
    Result:
    Application granted ; Proceedings removed to Employment Court ; Costs reserved
    • 11 December 2002

    • WA 129/02

  • Fafeita v Benchmark Building Supplies Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Hand wrote customer order in contravention of company policy - Order taken on day of leave - Whether decision to dismiss was one open…
    Result:
    Application granted ; Reimbursement of lost wages ($1,703.79) ; Compensation for humiliation etc ($3,000 reduced to $2,100) ; Costs reserved
    • 11 December 2002

    • AA 360/02

  • Berryman v Te Kura O Whakarewarewa Board of Trustees

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant's position surplus to requirements - Entitled to contractual redundancy compensation - No consultation - Implementation of redundancy insensitive - Dismissal procedurally unfair - No…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; Redundancy compensation (Quantum to be determined by parties)(8 weeks) ; Costs in favour of applicant ($500)
    • 11 December 2002

    • AA 359/02

  • Gazley v Porirua City Council

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; No order for costs
    • 10 December 2002

    • WA 131/02

  • Logie v Attache Software (NZ) Pty Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Redundancy compensation in contract adequate - No notice of possible redundancy - Applicant made redundant the day after returning from leave -…
    Result:
    Application granted ; Reimbursement of lost wages (1month) ; Compensation for humiliation etc ($9000) ; Costs reserved
    • 10 December 2002

    • WA 130/02

  • Crampton v Tait Electronics Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether misled or deceived about nature of job offered - Whether breach of Fair Trading Act 1986 - Job description clearly set out position…
    Result:
    Application dismissed ; Costs reserved
    • 10 December 2002

    • CA 128/02

  • Rouse v AFFCO New Zealand Ltd

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant suffered work injury - Unable to perform certain duties - Graduated return to work programme devised - Applicant claims scheme not followed by…
    Result:
    Application dismissed ; Costs in favour of respondent (Quantum reserved)
    • 10 December 2002

    • AA 358/02

  • Burford v Create Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - CONSENT ORDER - Application for Authority to determine personal grievance claim - Applicant purported to cancel previous settlement agreement - Agreement binding under s149(3) Employment Relations…
    Result:
    Consent order granted ; No order for costs
    • 09 December 2002

    • AA 357/02

  • Chalmers v Hayes

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Contractually bound to give one month's notice of termination of employment - Offered and accepted work with another employer - One month's written notice given in…
    Result:
    Application granted ; Arrears of wages (Parties to determine quantum)(17 days) ; Costs in favour of applicant ($70)(Filing fee)
    • 09 December 2002

    • AA 356/02