• Neal v North Shore Swimming Pool Centre Ltd t/a Pool Doctor

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiability dismissed by respondent
    Result:
    Application dismissed ; Costs reserved
  • Daynes v Weatherell Transport Ltd

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Wyatt v Performance Hawkes Bay Ltd

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted;Orders accordingly;No order for costs
  • Lynn v Manson Marine & Engineering Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Theft
    Result:
    Application dismissed ; No order for costs
  • First Union Inc & Anor v Smith & Davies Ltd

    Andrew Dallas [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed interpretation of clause in collective employment agreement (“CEA”) regarding notice of termination of employment – ARREARS OF WAGES – Applicant sought arrears of wages
    Result:
    Application granted (arrears of wages) ; Question answered in favour of applicant ; Arrears of wages (quantum to be determined) ; No order for costs
  • Nagel v Nelson Underground Services Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by written warning – Applicant claimed unjustifiably dismissed by respondent – Whether valid 90 day trial period…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal); Contributory conduct (25%) ; Reimbursement of lost wages ($5,255.77) ; Compensation for loss of benefit ($157.67)(KiwiSaver) ; Compensation for humiliation etc ($3,750) ; Recommendation made ; Applications dismissed (penalty)(counterclaim – penalty) ; Costs reserved
  • Walker-Rogers v Quick Skips Ltd & Ors

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by suspension - Applicant claimed unjustifiably dismissed by respondent - BREACH OF CONTRACT - Applicant claimed…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal) ; Contributory conduct (10%) ; Reimbursement of lost wages ($23,625) ; Compensation for humiliation etc ($18,000) ; Applications dismissed (breach of contract)(penalty) ; Costs reserved
  • McInnes v Western Bay of Plenty District Council

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Assault - Park Ranger
    Result:
    Application granted ; Reinstatement ordered ; Costs reserved
  • Johnson v Waitemata District Health Board

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether failure of competency assessments following return to work after long absence amounted to serious misconduct –…
    Result:
    Application granted ; Contributory conduct (30%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,500) ; Costs reserved
  • Eriksson v Provision Security Ltd

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Dismissed compliance order claim - No investigation meeting – Applicant sought contribution to costs – No basis for costs to be awarded given no hearing or compliance order…
    Result:
    Costs to lie where they fall