• Buck v Tinsley's Mower Chainsaw Professionals

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    BARGAINING - Alleged unfair bargaining - Probation period specified in writing in employment agreement - Failed to give description of work to be performed, salary and dispute resolution procedures -…
    Result:
    Application granted ; Reimbursement of lost wages ($4,100) ; Compensation for humiliation etc ($4,000) ; Costs reserved
    • 21 May 2001

    • WA 24/01

  • Alefi v Citi Cabs Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Withdrawn jurisdiction claim - Similar claim dismissed by Authority - Conceded Authority without jurisdiction - Whether claim was frivolous and vexatious - No investigation commenced - Authority unable…
    Result:
    Costs to lie where they fall
    • 21 May 2001

    • AA 51/01

  • Burling v McNaughton

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    RECOVERY OF MONEY - Alleged overpayment of respondent's wages - Paid at gross rather than net rate - Error in payment made - Contract and Wages Protection Act 1983 provided…
    Result:
    Orders accordingly ; Costs to lie where they fall
    • 17 May 2001

    • WA 23/01

  • Leckie v Theyers t/a Alexandra Blocklaying/Plastering Services

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Summary dismissal - Jurisdiction - Whether employee or trainee - Began work-based training - Completed 12 week course - Dissatisfied about working without pay - Respondent agreed…
    Result:
    Application granted ; Reimbursement of lost wages ($2,332) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($354.33) ; Costs reserved
  • Saleh v The Internet Group Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Sent abusive e-mail to supervisor - Destroyed files on computer - Whether robust environment where bad language was the norm -…
    Result:
    Application dismissed ; Costs reserved
  • Isherwood v Warren t/a Franz Josef Holiday Park

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Permanent part-time worker - Whether offered and accepted full-time position - Alleged only condition of contract to be fulfilled was starting date - Given starting date -…
    Result:
    Application granted ; Reimbursement of lost wages ($1,277.51) ; Compensation for humiliation etc ($6,000) ; Costs reserved
    • 16 May 2001

    • CA 15/01

  • Gounder v Healtheries of New Zealand Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment - Failed to return from trip to Australia on time - No consent sought for absence - Notification would prevent abandonment clause from…
    Result:
    Application dismissed ; Costs reserved
    • 16 May 2001

    • AA 49/01

  • Strachan v Mainland Products Ltd

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Disciplinary meeting to discuss alleged theft - Not aware of allegations prior to meeting - Not enough opportunity to be heard in defence -…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($2,154) ; Costs reserved
    • 15 May 2001

    • CA 14/01

  • Towey v Footloose Shoes Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Probationary period as manager - Transferred to new branch and demoted - Poor performance - Inference that move was permanent - Respondent not given…
    Result:
    Application granted in part ; Compensation for humiliation etc ($1,500) ; Costs to lie where they fall
    • 15 May 2001

    • AA 48/01

  • Hill v Housing New Zealand

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Sent anonymous letter containing allegations concerning managers - Denied writing letter - Suspended in order to consider position - No prior warning of possibility of suspension -…
    Result:
    Application granted ; Reinstatement declined ; Compensation for humiliation etc ($1,000) ; Costs reserved