• Bartram v The Chief Executive of the Ministry of Social Development

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on costs – Applicant to pay respondent $14,000 contribution towards costs
    Result:
    Consent order granted ; Orders accordingly
  • Peters v General Cable New Zealand Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Parties conferred power on Authority to make recommendation under…
    Result:
    Application granted ; Contributory conduct (33%) ; Reimbursement of lost wages ($2,747) ; Compensation for humiliation etc ($6,700) ; Costs to lie where they fall
  • Froggatt v The Warehouse Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Failure to follow reasonable instruction – No issue regarding disciplinary process – Team member
    Result:
    Application dismissed ; Costs reserved
  • Heaven v Heaven and Ors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement after case management conference – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Burns v Randwick Meats Co Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by final written warning – Whether applicant finished work earlier than agreed finish time – Whether applicant disobeyed instruction to provide call cycle…
    Result:
    Application dismissed ; Costs reserved
  • Thorne v Kiwirail Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Train collision with stop block at station – Positive drug test – Cannabis – Cannabis cigarette smoked…
    Result:
    Application dismissed ; Costs reserved
  • Brown v Ballance Agri-Nutrients Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Drug testing - Reasonable cause - Complaint from public applicant smoking cannabis - High result - Previous…
    Result:
    Application granted; Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($1,500); Costs reserved
  • New Zealand Post Primary Teachers Assoc v Secretary for Education

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Parties disputed interpretation and application of maternity grant provisions in parties collective agreement - Whether teacher entitled to further maternity grant following birth of subsequent child where teacher…
    Result:
    Questions answered in favour of applicant; Costs reserved
  • Gabites v Carter Holt Harvey Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Authority found previously that applicant entitled to reimbursement of lost wages – COSTS – Successful personal grievance claim – Applicant sought $6,451…
    Result:
    Application granted ; Quantum specified ; Reimbursement of lost wages ($4,387.54) ; Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Hayes and Ors v Hungry Hound Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Constructive Dismissal – Applicants claimed unjustifiably dismissed by respondent – Whether first and third applicants casual employees – Schoolchildren – Whether second applicant constructively dismissed…
    Result:
    Applications granted (unjustified dismissal)(first and third applicants) ; Reimbursement of lost wages ($910)(first applicant)($2,957.50)(third applicant) ; Compensation for humiliation etc ($1,500)(first applicant)($1,500)(third applicant) ; Application dismissed (unjustified dismissal)(second applicant) ; Costs reserved