• Hato Paora College Trust Board v Stevenson

    A Dumbleton [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Several instances of financial mismanagement - Failure to attend to health and safety problems - Matters that an employer acting reasonably could have taken…
    Result:
    Application dismissed ; Costs reserved
    • 06 December 2001

    • WA 88/01

  • Lincoln v Buchanan Group Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Whether accord and satisfaction - Applicant dismissed on grounds of redundancy - Alleged unjustified dismissal on grounds that redundancy not genuine - Sent email to directors…
    Result:
    Application dismissed ; Costs reserved
    • 06 December 2001

    • AA 215/01

  • Phillips v Computer Exchange Corporation (NZ) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant director, shareholder and employee of company - Respondent formed and subsequently took over company - Next day applicant given letter of termination on grounds…
    Result:
    Orders accordingly ; Costs reserved
    • 06 December 2001

    • AA 214/01

  • Abraham v IHC Northern Vocational Services

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Witness alleged that applicant assaulted intelectually handicapped man in his care - Respondent believed witness account of incident over applicant's - Whether decision to…
    Result:
    Application dismissed ; Costs reserved
    • 06 December 2001

    • AA 204/01

  • Jobson v Ophthalmic Instrument Company Ltd

    D Asher [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Alleged warnings unjustified and in breach of good faith obligations and employment contract - Employed on 6-month trial basis - Salary to increase once trial period satisfactorily…
    Result:
    Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($3,500) ; Arrears of Wages (quantum to be calculated by parties) ; Penalty ($500)(Applicant) ; ($500)(Crown) ; Costs reserved
    • 05 December 2001

    • AA 213/01

  • Winter v Biolab Scientific Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - 50 percent contribution to actual costs of $3,037 sought - Reasonable contribution awarded
    Result:
    Costs in favour of respondent ($500)
    • 05 December 2001

    • AA 157A/01

  • Cotton v Ross Asphalt Ltd

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissed or resigned - Given letter from respondent's agent detailing concerns about performance of applicant's duties - Negative reaction to letter - Believed…
    Result:
    Application granted ; Reimbursement of lost wages ($6,929.17 reduced to $2,078.17) ; Compensation for humiliation etc ($3,000 reduced to $900) ; Costs reserved
    • 04 December 2001

    • CA 66/01

  • Coley v Telecom NZ Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Reinstatement sought on basis that new position significantly the same as previous position - New position at more senior level and higher salary - Genuine…
    Result:
    Application dismissed ; Costs reserved
    • 04 December 2001

    • CA 64A/01

  • Myers v Trends Publishing (NZ) Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Jurisdiction - Whether employee or independent contractor - Intention of parties relevant to real nature of relationship but not determinative - No close control…
    Result:
    Application granted ; Orders accordingly ; Referred to mediation ; Costs reserved
    • 04 December 2001

    • AA 211/01

  • Curlew v Harvey Norman Stores (NZ) Pty. Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Jurisdiction - Whether employee or contractor of respondent - Entered into consulting contract whereby applicant was proprietor of computer department in respondent's store - Consulting contract terminated…
    Result:
    Application dismissed ; Costs reserved