• 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

  • 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