• Paini v Nestle New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Careless driving - Fork hoist machine substantially damaged by being driven into racking - Accident not reported as required - Whether breach of safety rules…
    Result:
    Application dismissed ; Costs reserved
    • 19 February 2002

    • AA 33/02

  • Just v Not Just Kitchens (2000) Ltd

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Applicant sold business to respondent's representative - Sale and purchase agreement provided for salary and bonus - Separate employment…
    Result:
    Application dismissed ; Costs reserved
    • 19 February 2002

    • AA 31/02

  • Logan v YMCA Hawkes Bay Inc

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF HOLIDAY PAY - Alleged annual leave entitlement never paid - No written employment agreement - Entitled to 4 weeks annual leave - Claimed entitlement increased to 5 weeks…
    Result:
    Application granted ; Arrears of holiday pay (Quantum reserved) ; Interest ; Costs reserved
    • 18 February 2002

    • WA 20/02

  • Furze v Terson Industries Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT - Whether contract harsh and oppressive - No jurisdiction - Whether misled about likely sales and commission - Fixed term contract - Option to extend contract by…
    Result:
    Application dismissed ; Monies owing to respondent ($8,543.42) ; Costs reserved
    • 18 February 2002

    • WA 19/02

  • Gardiner v New Zealand Commercial Mortgage Brokers Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - No good cause for failure to attend - Two weeks notice of redundancy - Breach of contractual promise to consult…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; Arrears of wages and holiday pay ($9,153) ; Interest (6.5 percent) ; Disbursements ($70)(filing fee) ; No order for costs
    • 18 February 2002

    • CA 15/02

  • de Vries v Carter Holt Harvey

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Interpretation, application and operation of collective employment contract - Provision of transport discontinued - Whether term of CEC or discretionary benefit - Reasonably believed transport would be continued…
    Result:
    Application granted ; Question answered in favour of applicants ; Costs reserved
    • 18 February 2002

    • CA 14/02

  • Milne (Labour Inspector) v Predator Finishing Systems Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - No appearance for respondent - Failed to pay arrears of wages awarded by Employment Relations Authority - Compliance with orders of Authority ordered - Payment to be…
    Result:
    Compliance order granted ; No order for costs
    • 18 February 2002

    • AA 32/02

  • Sutherland v Com Tech (NZ) Ltd t/a Express Data

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged breach of contract forced resignation - Absences due to sick wife and children - Given special leave to look after them - Ongoing…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($750) ; Monies payable by applicant ($300)(loan) ; Costs reserved
    • 18 February 2002

    • AA 30/02

  • Palmer v R Hannah & Co

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Failure to follow correct cash handling procedure - Unusually high rate of refunds and product returns - Audit of office -…
    Result:
    Application granted ; Reimbursement of lost wages ($3,400 reduced to $850) ; Compensation for humiliation etc ($3,000 reduced to $750) ; Costs reserved
    • 15 February 2002

    • CA 13/02

  • McFayden v Peak Resources Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Withdrawal of proceedings by applicant prior to hearing - Substantial contribution sought to total costs of $875 - Both parties caused difficulties and lengthened time - Appropriate that…
    Result:
    No order for costs
    • 15 February 2002

    • CA 12/02