• Hubbard v Thorburn

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Constructive dismissal - Whether dismissed or resigned - Warning issued 6 weeks into employment - Given impression at review two weeks later that he…
    Result:
    Application granted in part ; Compensation for humiliation etc ($3,500) ; Reimbursement of lost benefit (Quantum reserved)(Accommodation) ; (Quantum reserved)(Bike allowance) ; Costs reserved
    • 05 June 2002

    • CA 55/02

  • McCarthy v Television New Zealand Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Fixed term contract - Ex-husband appointed to position with respondent - Applicant distressed by increased contact with ex-husband - Whether obligation to consult before…
    Result:
    Application dismissed ; Costs reserved
  • Wilmhurst v Boulevard Manor Ltd aka Manor Inn Newmarket

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Trial period - Dismissed after two incidents of alleged dishonesty - No written record that trial period in place - No intent to ignore obligation…
    Result:
    Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Budden and Anor v Telecom New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful submission of grievance application - Proceedings subsequently withdrawn - Respondent sought contribution of $3,000 to costs of $6,000 - Costs to lie where they fall for submission…
    Result:
    Costs in favour of respondent ($1,200)(Payable by both applicants)
    • 04 June 2002

    • AA 167/02

  • Dickie v Blakely and Ors

    D King [Employment Relations Authority - Auckland]

    Summary:
    SUBMISSION OF GRIEVANCE - Whether personal grievance raised with first respondent within 90 day period - Grievance raised 8 months after dismissal - Whether exceptional circumstances - Alleged delay caused…
    Result:
    Application dismissed ; Costs reserved
    • 04 June 2002

    • AA 166/02

  • De Young v Pedersen Holdings Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Contribution sought to costs of $1,600 - 100 percent contributory conduct found at investigation meeting - Applicant entitled to minor contribution
    Result:
    Costs in favour of applicant ($200) ; Disbursements ($160.82)
    • 04 June 2002

    • AA 106A/02

  • Pacific Plastics Recyclers Ltd v Foo

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Personal grievance - Application for removal of proceedings to Employment Court - Parties had proceedings commenced in Employment Court - Alleged current problem related to claims…
    Result:
    Application granted ; Proceedings removed to Employment Court ; Costs reserved
    • 31 May 2002

    • WA 48/02

  • McDonald v Kirby t/a Budget Motorcycles Spares

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Alleged non-payment for final week and holiday pay - Abrupt end to employment relationship - Respondent accepted arrears owing but disputed amount -…
    Result:
    Application granted ; Arrears of wages ($539) ; Arrears of holiday pay ($284.79) ; Costs in favour applicant ($70)
    • 31 May 2002

    • CA 54/02

  • Thomson v Clarke t/a Cathedral Cafe

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Parties reached settlement - Respondent failed to pay settlement amount - Alleged inability to pay - Parties agreed to weekly $100 payments - Agreement recorded by way…
    Result:
    Application granted ; Compliance ordered ; Costs in favour of applicant ($547)
    • 31 May 2002

    • CA 53/02

  • Call Stratum Pty Ltd v Dawson

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - Found to be an employee of the applicant - Alleged new evidence would show respondent had been contractor - Letter in…
    Result:
    Application dismissed ; Costs to lie where they fall
    • 31 May 2002

    • AA 4A/02