• Pesch v Le Grande Hotel Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Resigned from old position - Whether offered new position - Whether person intending to work - Name on roster at alleged re-commencement date - Alleged informed position…
    Result:
    Application granted ; Reimbursement of lost wages ($9,615) ; Compensation for humiliation etc ($3,000) ; Costs reserved
    • 01 November 2002

    • AA 321/02

  • Cook v Glenelg House Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Applicant arrested - Whether manager breached duty by divulging arrest to other staff - Information imparted to employee who already knew of arrest…
    Result:
    Application dismissed ; Costs reserved
    • 31 October 2002

    • CA 111/02

  • Dobby & Ors v NZ Media Group Ltd & Ors

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Supplementary determination - Mareva Injunction - Previous application adjourned to allow respondent to appear - No evidence of attempt to avoid legal obligation - Injunction unwarranted
    Result:
    Application dismissed ; No order for costs
    • 31 October 2002

    • CA 110A/02

  • Kelly v New Zealand Dairy Foods Pty Ltd

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - 2 day investigation meeting - Contribution of $14,000 sought to actual costs of $21,000 - Disbursements of $191 sought - Reasonable contribution appropriate
    Result:
    Costs in favour of applicant ($5,750) ; Disbursements ($191)
    • 31 October 2002

    • AA 289A/02

  • Dobby & Ors v NZ Media Group Ltd & Ors

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Mareva injunction - Ex-parte application - Arrears of wages and holiday pay - Respondents purchased company that employed applicants - On-sold company - Injunction sought against…
    Result:
    Application adjourned ; Orders accordingly ; No order for costs
    • 30 October 2002

    • CA 110/02

  • Raubenheimer v Saffron Ltd

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine and procedurally fair - Whether dismissed for ulterior motives - Alleged failure to consult - Credibility - Respondent's evidence preferred - Business venture…
    Result:
    Application dismissed ; Costs reserved
    • 30 October 2002

    • CA 109/02

  • Service & Food Workers Union Incorporated v Sealord Group Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - PENALTY - Respondents automatically passed on benefits negotiated under collective employment agreement to non-union members - Alleged breach of CEA clause prohibiting automatic passing on of benefits…
    Result:
    Application dismissed (Compliance order) ; Application granted (Penalty) ; Penalty ($600)(Payable to Crown) ; Costs reserved
    • 30 October 2002

    • CA 108/02

  • Smith v Trimax Ltd t/a Super Strike Manukau

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached settlement during adjournment in investigation meeting - Agreement to be recorded by way of consent order - Respondent to pay applicant $3,500
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
    • 30 October 2002

    • AA 320/02

  • Byrne v Auckland University Rugby Club Incorporated

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached settlement prior to 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
    • 30 October 2002

    • AA 319/02

  • Fehlmann v Waikato Institute of Technology

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Two previous warnings - Students raised concern" with appropriate member of staff - Failure by staff member to properly apply student complaints procedure -…
    Result:
    Application granted ; Reimbursement of lost wages ($12,495) ; Compensation for humiliation etc ($15,000) ; Costs reserved
    • 30 October 2002

    • AA 318/02