• Terrey v Wrightson Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Began relationship as salesperson contractor - Took on additional branch manager duties - Whether independent contractor under s51A Real Estate Agents Act…
    Result:
    Application dismissed ; Costs reserved
    • 04 December 2002

    • WA 125/02

  • Holden v Te Runanga O Nga Maata Waka

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Personality conflicts between applicant and manager - Told manager of intention to resign - Requested Department of Work & Income be informed that applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($3,106 reduced to $2,329.50) ; Compensation for humiliation etc ($8,000 reduced to $6,000) ; Costs reserved
    • 04 December 2002

    • CA 124/02

  • New Zealand Post Primary Teachers' Association v Attorney General in respect of the Secretary for Education & Anor

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged public interest importance - Respondent's decision affected 1,975 teachers and involved sum of $8,500,000 - Alleged…
    Result:
    Application granted ; Proceedings removed to Employment Court ; No order for costs
    • 03 December 2002

    • WA 124/02

  • C v Dr Graeme Fogelberg, Vice Chancellor of University of Otago

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Sexual Harassment - Whether applicant's conduct amounted to sexual harassment - Whether dismissal procedurally fair - Alleged allegations not sufficiently clear to allow for…
    Result:
    Application dismissed ; Costs reserved
  • Benson v Bay Training Consultancy Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Settlement reached during investigation meeting - Terms of settlement to be recorded by way of consent order - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; No order for costs
    • 02 December 2002

    • WA 123/02

  • Colman v City Auctions Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether employment casual in nature - Previously performed volunteer work for respondent - Agreement for paid work on Wednesdays and Thursdays - Additional work sometimes…
    Result:
    Application granted ; Reimbursement of lost wages ($86.83)(One week) ; Compensation for humiliation etc ($500) ; Costs in favour of applicant ($70)(Filing fee)
    • 02 December 2002

    • AA 349/02

  • Jelas v Downer Construction (Tonga) Ltd & Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Identity of employer - Whether employed by first respondent or second respondent - Whether matter to be heard in New Zealand or Tonga - First respondent was Tongan…
    Result:
    Orders accordingly ; Parties referred to mediation ; Costs reserved
    • 02 December 2002

    • AA 348/02

  • Skinner v Altendorf Australia Pty Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Failure to attain sufficient number of outward calls - Applicant continued to operate own business outside work hours - Requested on numerous occasions to…
    Result:
    Application dismissed ; Costs reserved
    • 02 December 2002

    • AA 347/02

  • Ports of Auckland Ltd v New Zealand Waterfront Workers Union

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Interpretation and application of collective agreement - Employees worked in shift teams - Teams originally decided by consultation and consensus - Employee required to transfer to another shift…
    Result:
    Application dismissed ; Question answered in favour of respondent ; No order for costs
    • 29 November 2002

    • AA 346/02

  • Campbell v Garden City Preschools Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissal or expiry of fixed term - Length of fixed term contract - Whether term one year or 6 months - Term of 6 months documented…
    Result:
    Application dismissed ; Costs reserved
    • 28 November 2002

    • CA 122/02