• Carruthers v Real Groovy Records Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Agreement as to costs reached - Costs to lie where they fall - Applicant not to file an appeal - Authority to record agreement as consent order
    Result:
    Consent order granted ; No order for costs
    • 30 November 2001

    • AA 132A/01

  • Johnson v Spencer t/a Caffe Rossini

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Absent due to illness - Attempted to contact applicant during sick leave - Refused attempt to return to work - Required certification of fitness…
    Result:
    Application granted ; Reimbursement of lost wages ($1,789)(13 weeks) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($611.98) ; Costs in favour of applicant ($1,500)
    • 29 November 2001

    • AA 202/01

  • Booth and Ors v Metro Reproimaging Ltd and Anor

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Whether employed by new company - Original employer merged with another to form new company - Whether offered and accepted positions with new company or continued to be…
    Result:
    Application dismissed ; Redundancy compensation owing to first and second respondents (Quantum to be determined by parties) ; Orders accordingly ; Costs reserved
    • 28 November 2001

    • AA 201/01

  • Apineru v Locat Publishing Company Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - No appearance for respondent - Compliance with terms of mediated settlement sought - Payment withheld after alleged breach of confidentiality clause - No authority to withhold payment…
    Result:
    Compliance order granted ; Costs in favour of applicant ($750)(Including filing fee)
    • 28 November 2001

    • AA 200/01

  • Bingham v ANZ Banking Group (New Zealand) Limited

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Files with pornographic material discovered on applicant's computer - Policy that storage of pornographic material on work computers constituted serious misconduct - Fair notice…
    Result:
    Application granted ; Reimbursement of lost wages (Actual loss of nearly three months to be calculated by parties) ; Loss of benefit (Quantum to be calculated by parties)(Superannuation) ; Compensation for humiliation etc ($3,000) ; Costs reserved
    • 27 November 2001

    • WA 86/01

  • Ryu v The Grand (New Zealand) Company Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Whether demoted to assistant manager - English second language - Another employee hired at same time to assist in manager's role - Both…
    Result:
    Application dismissed (Unjustified dismissal) ; Appliction dismissed (Penalty) ; Costs reserved
    • 27 November 2001

    • AA 199/01

  • Dunn v Arrow Personnel Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether dismissed - Applicant told she was not competent of her position's new duties and that employment terminated - Termination by redundancy amounted to a…
    Result:
    Application granted in part ; Reimbursement of lost wages ($8,832) ; Compensation for hurt and humiliation ($4,000) ; Costs reserved
    • 27 November 2001

    • AA 198/01

  • Ms A v Rullo t/a Casablanca

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Publication of applicant's identity prohibited - No appearance for respondents - No statements in reply filed - Representative of third respondent overseas - No request to…
    Result:
    Application granted in part ; Reimbursement of lost wages ($600)(One week) ; Compensation for humiliation ($3,500) ; Arrears of holiday pay ($6,769) ; Costs in favour of applicant ($1,500)
    • 26 November 2001

    • AA 197/01

  • Carswell v Colwell t/a Henry Africas Restaurant

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Compliance with terms of mediated settlement sought - No appearance for respondent - Stated could not appear as father seriously ill - Evidence did not support reason…
    Result:
    Orders accordingly ; Costs reserved
    • 23 November 2001

    • CA 65/01

  • Parore v Sheldon & Hammond (Pty) Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Fixed-term contract - Hired to assist in extra work over Christmas - Office assistant resigned - Required to undertake office duties until permanent employee appointed - Second…
    Result:
    Application dismissed ; Costs reserved