• Sterling v Hamilton College of Oriental Medicine Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Compliance with mediated settlement sought - Arrears of wages claim - Failure to pay settlement sum - Alleged misrepresentation of loss - Mediated settlement final and binding…
    Result:
    Compliance order granted ; Costs in favour of applicant ($250) ; Disbursements ($70)(Filing fee)
    • 22 October 2002

    • AA 313/02

  • Chalton v Wood & Partners Consultants Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Contribution of $10,000 sought to actual costs of approximately $30,000 - Whether $30,000 amounted to reasonable costs - Case…
    Result:
    Costs in favour of applicant ($4,000)
    • 22 October 2002

    • AA 275A/02

  • Tohu v Spotless Services (New Zealand) Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - 1ï¾½ day investigation meeting - Contribution of $1,500 sought to actual costs of $2,774 - Reasonable contribution appropriate
    Result:
    Costs in favour of respondent ($750)
    • 22 October 2002

    • AA 261A/02

  • Gillespie v Mervyn Cottle t/a Tokyo Auto Town

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Identity of employer - Whether respondent or company - Employment agreement not provided until final day of work - Issue of identity not raised…
    Result:
    Application granted ; Counterclaim dismissed ; Reimbursement of lost wages ($552.50) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($70)
    • 21 October 2002

    • CA 106/02

  • Clark v Fonotia, New Zealand Meat Workers Union, PPCS Canterbury Sick Benefit Society

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Whether employment relationship problem - Alleged unfair treatment by officials of union sub-branch - Sub-branch an unincorporated society - Not union for purposes of Employment Relations…
    Result:
    Application dismissed ; No order for costs
    • 21 October 2002

    • CA 105/02

  • Ali'imatafitafi v New Zealand Post Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Final written warning - Customer complaint of abusive language - Alleged swore at customer - Claimed reacted to abuse received from customer - Full inquiry not disputed…
    Result:
    Application dismissed ; Costs reserved
    • 21 October 2002

    • AA 312/02

  • Service & Food Workers Union Incorporated v Sealord Processors Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Interpretation of collective employment agreement - Overtime - Traditionally worked 9-hour days - Whether ninth hour was overtime within meaning of CEA - Notice given to staff that…
    Result:
    Questions answered in favour of applicant ; Remedies reserved ; Costs reserved
    • 18 October 2002

    • CA 104/02

  • Haidas & Ors v Kang

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Second applicant unable to attend investigation meeting at short notice - Inappropriate to deprive applicant of opportunity to be heard - Matter to be heard at…
    Result:
    Application granted ; Orders accordingly ; Arrears of wages and holiday pay ($826)(NH) ; ($1,060)(KH) ; ($1,128.90)(SNB) ; Costs in favour of applicants ($70)(Filing fee)
    • 18 October 2002

    • AA 311/02

  • Butcher v RM & KG Spaans

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Respondent to pay applicant the sum of $704 in full…
    Result:
    Consent order granted ; No order for costs
    • 18 October 2002

    • AA 310/02

  • Brophy v Spotless Services (NZ) Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Serious misconduct - Whether dismissed or resigned - Customer complaints - Alleged rude and insulting behaviour - Alleged dismissed during disciplinary meeting - Offered…
    Result:
    Application granted ; Reimbursement of lost wages ($5,460 reduced to $4,368) ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Costs reserved
    • 18 October 2002

    • AA 309/02