• Currie & Ors v Tru-Test Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE - Alleged breach of restraint of trade - Applicants worked for competitor - Alleged waiver of restraint - Statements made did not amount to waiver - Statements…
    Result:
    Parties referred to mediation ; Orders accordingly ; Costs reserved
    • 04 September 2002

    • AA 267/02

  • Shaw v Auckland Kindergarten Association

    T Woods [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged harassment - Alleged unreasonable demands - Alleged procedurally unfair disciplinary process - Restructuring - Change in policy - Requirement to comply with certain…
    Result:
    Application dismissed ; Costs reserved
    • 04 September 2002

    • AA 266/02

  • Farmer v Auckland Kindergarten Association

    T Woods [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged harassment - Alleged poor treatment of co-worker - Alleged unsafe working environment due to unreasonable demands - Demands made were part of restructuring…
    Result:
    Application dismissed ; Costs reserved
    • 04 September 2002

    • AA 265/02

  • Shaw v New Zealand Fire Service

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Alleged failure to accept withdrawal of resignation - Alleged failure to consider psychologist's report - Respondent agreed to rescind resignation subject to positive psychologist's report - Concern…
    Result:
    Application dismissed ; Costs reserved
    • 03 September 2002

    • CA 85/02

  • Christensen & Ors v Queen Mary Hospital Ltd & Anor

    G J Wood [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy situation - Unexpected denial of government funding - Sufficient consultation - Whether negotiated redeployment options with applicants as contractually required - Two alternative…
    Result:
    Application granted ; Compensation for humiliation etc ($4,500)(MM) ; ($4,500)(PN) ; ($3,500)(AC) ; Costs reserved
    • 03 September 2002

    • CA 84/02

  • McNicholl v Crown Institute of Studies Ltd t/a Crown English

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged breach of duty of fidelity - Alleged attempted to establish competing business and encourage co-workers to breach contracts - Conduct was sufficient to…
    Result:
    Application dismissed ; Costs reserved
    • 03 September 2002

    • AA 264/02

  • Flight Attendents & Related Services (NZ) Association v Air New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Matter withdrawn 2 days before investigation meeting - Alleged preparation costs incurred - Both parties sought contribution of $500 to total costs - Alleged claim without merit -…
    Result:
    Costs to lie where they fall
    • 02 September 2002

    • AA 263/02

  • Martin v Pinepac Group Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Alleged unilateral variation of contract - Applicant suffered health problems - Health problems led to need to change position - Consultation led to…
    Result:
    Application dismissed ; Costs reserved
    • 02 September 2002

    • AA 262/02

  • Tohu v Spotless Services (New Zealand) Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged falsification of time sheets - Investigation concluded applicant was person responsible - Only applicant's time sheet altered - Alleged procedural unfairness - Refused…
    Result:
    Application dismissed ; Costs reserved
    • 02 September 2002

    • AA 261/02

  • McLennan v Philbro Holdings Ltd t/a Phillips Pallets

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Applicant legally aided - Argued exceptional circumstances existed to justify costs award - Unnecessary witnesses presented - Did not amount to exceptional circumstances -…
    Result:
    Application dismissed ; No order for costs
    • 02 September 2002

    • AA 226A/02