• Henderson v The Flooring Centre Ltd t/a The Flooring Centre South Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive Dismissal - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Performance concerns - Whether applicant's resignation not valid because required to be in writing under…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (penalty - good faith)(counterclaim - breach of contract) ; Costs reserved
  • Porse Education and Training Ltd v Roydhouse

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether respondent in employment relationship with applicant - Whether parties in business partnership - BREACH OF CONTRACT - Applicant sought damages for respondent's breach of employment agreement (EA")…
    Result:
    Application granted (jurisdiction) ; Applications dismissed (breach of contract)(penalty - good faith)(counterclaim - breach of contract) ; Costs reserved
  • Moss v Potae & Van Der Poel Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Confidentiality provision included in terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Bucknell v Woolston Store Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Employment agreement offered but applicant sought to be engaged through her company - Applicant invoiced respondent - Subsequent request to change…
    Result:
    Application dismissed; Costs reserved
  • Smith v Potae & Van Der Poel Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Confidentiality provision included in terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Golden Bay Cement, a division of Fletcher Concrete and Infrastructure Ltd v Northern Amalgamated Workers' Union of New Zealand Inc.

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed whether clause in employment agreement (“EA”) conferred unlawful preference on respondent’s members - Clause stated where union employee’s position became vacant, applications would be opened to…
    Result:
    Question answered in favour of respondent; Application dismissed (counterclaim - good faith) ; Costs reserved
  • Heaps v Cameron Civil Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Series of family tragedies during 90 day period following dismissal
    Result:
    Application granted ; Costs reserved
  • Ingham (Labour Inspector) v Swan t/a Mensworks

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with enforceable undertaking - PENALTY - Applicant sought penalty for respondent's breach of enforceable undertaking, breach of Minimum Wage Act 1983 and Holidays Act…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($1,000)(payable to applicant)($1,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Danilewicz v Springs Road Quarry t/a CCL Construction Contracting

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Failure to pay applicant for notice period – Deductions from wages - Whether applicant…
    Result:
    Application partially granted ; Arrears of wages ($1,320) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved
  • Sweney v Wanaka Hardware & Building Supplies Ltd t/a Mitre 10

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether Applicant sought leave to raise grievance out of time – Applicant had sought legal advice in order to…
    Result:
    Application dismissed ; Costs reserved