• Claymark Industries Ltd v Catt

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Settlement reached by parties - Full and final resolution of all issues arising from employment and termination - Agreement that costs to lie where they fall -…
    Result:
    Consent order granted ; Costs to lie where they fall
    • 24 August 2001

    • AA 106A/01

  • Corrections Association Of New Zealand Inc v Attorney General in respect of the Department of Corrections

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT - Alleged unlawful variation to CEC - Maximum operating capacity of prison contained in clause of CEC - Proposed increase in capacity following change in funding formulae…
    Result:
    Application dismissed ; No order for costs
    • 23 August 2001

    • WA 56/01

  • Joynt v Board of Trustees, Manukau View School

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Jurisdiction - Whether agreement entered into at termination prevented applicant pursuing employment relationship problem - Difficulty with teaching children with behavioural problems - Claimed…
    Result:
    Application dismissed ; Costs reserved
    • 22 August 2001

    • AA 89/01

  • Bolton v Telecom New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Grievance raised out of time - Minimum requirement that employer know identity of applicant and existence of personal grievance - Applicant made reasonable arrangements to have…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
    • 22 August 2001

    • AA 118/01

  • Budden v Telecom New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    RAISING OF PERSONAL GRIEVANCE - Whether grievance submitted within 90-day period - Unjustified dismissal - Notified to attend mediation but not informed of nature of grievance - Lower threshold than…
    Result:
    Leave to submit grievance out of time granted ; Costs reserved
  • Harrison v Corporate Dial A Driver Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Dispute over agreed weekly wage - Continued to work for 1ï¾½ years despite shortfall in wages - Credibility - Respondent's evidence preferred -…
    Result:
    Application granted in part ; Arrears of wages ($407.04) ; Arrears of holiday pay ($2,696.43) ; Interest ($150) ; Costs reserved
    • 22 August 2001

    • AA 116/01

  • Cribb v Ngati Kahungunu Ki Wairarapa Maori Executive Taiwhenua Iwi Authority Inc

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Respondent insolvent - Order for costs unlikely to be met
    Result:
    Costs to lie where they fall
    • 21 August 2001

    • WA 8A/01

  • Evans International Freight Systems Ltd v Dial

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Injunctions relating to alleged breach of confidentiality and restraint of trade clause sought against both previous employee…
    Result:
    Application granted ; Proceedings removed to Employment Court ; No order for costs
    • 21 August 2001

    • AA 115/01

  • Lunjevich v Attorney General in respect of the Department of Corrections

    D King [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION - Application for interim reinstatement - Jurisdiction - Whether interim relief could be granted against the Crown - Nothing in ERA to prevent state employees having the potential…
    Result:
    Application granted ; Interim reinstatement ordered ; Costs reserved
    • 21 August 2001

    • AA 114/01

  • Dorward v Lifecare Management Ltd t/a Olive Tree Apartments

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Technical redundancy - Dismissed prior to sale of business - Alleged termination should have taken place after sale - Declined offer of employment with new owner -…
    Result:
    Application dismissed ; Costs reserved
    • 15 August 2001

    • WA 40A/01