• Hook v JB's Contractors Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Signed document titled Terms and conditions for subcontractors and employees" - Deducted withholding tax - Responsible for own ACC payments - Provided…
    Result:
    Application granted ; Arrears of holiday pay ($194.64) ; Reimbursement of lost wages ($1,890)(3 weeks) ; Reimbursement of holiday pay ($113.40)(Notice) ; Compensation for humiliation etc ($1,000) ; Costs reserved
  • Shemely v Gibson t/a Chagall Hair Design

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Theft - Missing stock - Private investigator employed - Security camera set up - Concluded applicant was involved - Meeting carried out like criminal…
    Result:
    Application granted ; Contributory conduct reduced remedies to nil ; Costs to lie where they fall
    • 22 March 2001

    • AA 20/01

  • Bridge v Spiers t/a Capital Car Carriers

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT DETERMINATION - Failure to comply with settlement reached in mediation - Respondent conceded monies due and owing - Parties directed back to mediation - Agreed terms to settle matter…
    Result:
    Consent order granted
    • 19 March 2001

    • WA 10/01

  • Wood v Mobil Oil New Zealand Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Constructive dismissal - Respondent merged with new company - Redundancy was to be paid if suitable alternative employment not offered - Applicant's position ceased to…
    Result:
    Application granted ; Redundancy compensation (To be determined by parties' contractual formula) ; Compensation for humiliation etc ($5,000) ; Costs reserved
    • 16 March 2001

    • WA 9/01

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

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether genuine redundancy - Alleged procedural unfairness - Respondent in financial difficulties - Personality conflicts with Board chairperson - Review of finances and human resources conducted -…
    Result:
    Application granted ; Reimbursement of lost wages ($16,153.80)(Notice) ; Compensation for humiliation etc ($10,000) ; Penalties reserved ; Costs reserved
    • 15 March 2001

    • WA 8/01

  • Wrightson Ltd v Swale

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    PERMANENT INJUNCTION - Restraint of trade - Confidentiality clause in contract - Terminated employment to work for competitor - Competitive market - Period of restrain unreasonable - Period of 2…
    Result:
    Application granted ; Orders accordingly ; Costs to lie where they fall
    • 15 March 2001

    • CA 1A/01

  • McRoberts v Television New Zealand Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Fixed term contract - Whether applicant could resign from his employment - Whether contract legal, valid and enforceable - Employer refused to negotiate penalty - Believed no right…
    Result:
    Application allowed ; Costs reserved
  • Feast v Energy Management Consultants Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether procedurally fair - Restructuring to address inefficiencies - Applicant's position was superfluous - Whether consulted - Aware of possibility of redundancy - Commented was…
    Result:
    Application dismissed ; No order for costs
    • 14 March 2001

    • AA 18/01

  • Barrett v North Harbour Aluminium 2000 Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Unfavourable market conditions - Drop in sales - Refused proposed variation in remuneration structure - Dismissed for redundancy - Whether dismissal due…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; No order for costs
    • 14 March 2001

    • AA 16/01

  • Gilshan v State Insurance Ltd

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT - Alleged breach of obligations of trust, confidence and good faith - Accepted new position with proviso of on-site supervision and training - Restructuring - Change to…
    Result:
    Application granted ; General damages ($4,000) ; Costs reserved
    • 12 March 2001

    • WA 7/01