• Moore v Musashi Pty Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether Australian or New Zealand laws applied - Whether Authority had jurisdiction - Whether Authority forum non conveniens - Australian parent company - Local company registered in New…
    Result:
    Application granted ; No order for costs
  • Sinclair v Savannah Success Trading Trust t/a Emile Palmer School of Swimming

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Arrears claim made out - Counterclaim - Alleged overpayments - Whether deductions authorised in writing - No signed employment contract - Error not…
    Result:
    Application granted ; Arrears of wages and holiday pay ($613.77) ; Interest ($14.10)(8 percent) ; Counterclaim successful ; Overpayment owing ($779.29) ; Applicant to pay balance ($100) ; Costs to lie where they fall
    • 12 March 2001

    • AA 15/01

  • David v A E Tilley Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for stay of Authority orders and adjournment of proceedings - Application to remove questions of law to Employment Court declined - To apply to Court…
    Result:
    Application granted ; Proceedings stayed ; Costs reserved
    • 09 March 2001

    • WA 5A/01

  • National Union Of Public Employees (Inc) v New Zealand Customs Service

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    BARGAINING - Alleged breach of good faith obligations - Alleged attempt to bargain at informal meeting - Notice initiating bargaining withdrawn during meeting - No deceptive or misleading conduct -…
    Result:
    Application dismissed ; Costs reserved
    • 09 March 2001

    • CA 8/01

  • Laing v IHC Inc

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Downs syndrome client with history of seizures left alone for 4 hours - Suspended then dismissed - Serious misconduct defined in collective employment contract…
    Result:
    Application for unjustified dismissal dismissed ; Application of unjustified disadvantaged granted ; Compensation for humiliation etc ($2,000) ; Costs reserved
    • 08 March 2001

    • WA 6/01

  • NZ Waterfront Workers Union Inc v Ports of Auckland Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Order sought to enforce contractual obligations - Alleged failure to follow redundancy procedures - Employees unhappy with restructuring - Dismissed with payment calculated on redundancy formula -…
    Result:
    Application dismissed ; No order for costs
    • 08 March 2001

    • AA 4A/01

  • Doddrell v International College of Camille Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Unjustified action - Whether dismissed or resigned - Subjected to abusive language and criticism - Meeting to discuss personal grievance - Told to drop grievance or resign…
    Result:
    Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($6,000) ; Costs reserved
    • 07 March 2001

    • AA 14/01

  • David v A E Tilley Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Whether right to cross-examine unfettered - Application opposed - Jurisdiction - Not open to Court to regulate…
    Result:
    Application dismissed ; No order for costs
    • 06 March 2001

    • WA 5/01

  • Price v Mesarich t/a Palmers Garden World

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Purported settlement at mediation - Applicant failed to sign settlement - Whether binding and enforceable - Whether mediator asked to sign settlement - Settlement agreed - Mediator…
    Result:
    Application dismissed ; No order for costs
    • 06 March 2001

    • AA 13/01

  • Fisher v Fletcher Challenge Forests Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Applicant legally aided - No condition that applicant make contribution to legal aid
    Result:
    No order for costs ; In absence of legal aid ($1,500)
    • 05 March 2001

    • AA 6A/01