• Auckland District Health Board & Ors v New Zealand Public Service Association Inc.

    Trish MacKinnon [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING – Application for reference to facilitation
    Result:
    Application granted
  • Ramsey v Philip & Lila Berge t/a Glambrick Family Trust

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Whether applicant can make claim for statutory holiday pay entitlement following settlement agreement (“SA”)
    Result:
    Application dismissed ; Costs reserved
  • Ngerengere v Pukeko Freight Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Destruction of company property – Truck driver
    Result:
    Application granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($500) ; Costs reserved
  • New Zealand Meat Workers' & Related Trades Union Inc v South Pacific Meats Ltd & Anor

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful compliance order and penalties claims – Two day investigation meeting – Applicant sought $10,000 contribution towards costs – Uplift in notional daily tariff appropriate to reflect delay…
    Result:
    Costs in favour of applicant ($9,000) ; Disbursements in favour of applicant ($678)
  • Milne v Air New Zealand Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Authority sought to strike out applicant’s claim of own motion
    Result:
    Application dismissed ; No order for costs
  • Sim v South Pacific Meats Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – BREACH OF CONTRACT – Applicant sought damages…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(penalty) ; Contributory conduct (20%) ; Compensation for humiliation etc ($6,800) ; Reimbursement of lost wages (quantum to be determined) ; Interest (5%) ; Penalty ($2,000)(respondent)(payable to Crown) ; Application dismissed (breach of contract) ; Costs reserved
  • Haberfield v Rapid Densification NZ Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – Piling rig…
    Result:
    Applications granted ; Reimbursement of lost wages ($6,751.49) ; Compensation for humiliation, loss of dignity and injury to feelings ($4,000) ; Penalty ($2,000)(payable to Crown) ; Costs reserved
  • Youssef v iP3 Systems Pty Ltd and Anor

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether New Zealand forum conveniens to hear claim – CEO
    Result:
    Application granted ; Costs reserved
  • Davis v Commissioner of Police

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incompatibility – Applicant claimed unjustifiably disadvantaged by processes adopted by respondent – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH –…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($13,418.94) ; Compensation for loss of benefit ($1,633.52)(Superannuation) ; Compensation for humiliation ($10,000) ; Application dismissed (penalty – good faith) ; Costs reserved
  • James Hardy t/a Datcom Ltd v Visionstream Pty Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant an employee or independent contractor – Technician
    Result:
    Application dismissed ; Costs reserved