• Campbell v The Commissioner of Salford School

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Applicant advised of anonymous complaints – Whether applicant given details of complaints – Investigator recommended Board introduce performance improvement strategies – Board requested…
    Result:
    Application dismissed ; Costs reserved
  • Atkinson v Phoenix Commercial Cleaners Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant had three separate engagements with respondent – Applicant informed engagements were as contractor – Applicant did not sign independent contractor…
    Result:
    Application dismissed ; Costs reserved
  • Dunn v Ese Tatupu Funeral Directors & Mortuary Embalmers Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement - Respondent required to make payments to applicant – Respondent claimed failure to make payments result of breakdown in…
    Result:
    Application granted (compliance order); Compliance ordered ; Application dismissed (penalty) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)
  • Phillips v Croft Pole Distributors Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Respondent sought $5,407 indemnity costs – Respondent made $3,000 Calderbank offer – Authority found indemnity costs…
    Result:
    Costs in favour of respondent ($4,702.40)
  • L v M

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful claim – One and a half days investigation meeting – Respondent sought $29,400 contribution towards costs – Respondent made two Calderbank offers and applicant made one Calderbank…
    Result:
    Costs in favour of respondent ($29,400)
  • Myatt (Labour Inspector) v Pacific Appliances Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – PENALTY - Applicant sought compliance order and penalty for respondent’s failure to comply with improvement notice - Respondent required to audit wage, time and holiday records, reimburse…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($1,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • New Zealand Airline Pilots Assoc Inc v Airways Corporation of New Zealand Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties disputed interpretation of rest break provision clause in collective employment agreement (“CEA”) – Respondent to provide for relief staff to be available to allow employees to take…
    Result:
    Question answered in favour of respondent ; Application dismissed ; Costs reserved
  • Hunt v New Zealand Post Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent's actions Issues raised about applicant’s overtime – Applicant criticised for excessive talking – Performance improvement plan (‘PIP’) introduced…
    Result:
    Application partially granted ; Compensation for humiliation etc ($4,000); Costs reserved
  • Reekie v Blackfoot New Zealand Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Respondent sought variation of restraint of trade provision (“ROT”) – Applicant provided two months’ contractual notice of resignation – Applicant on garden leave for last 24…
    Result:
    Application granted ; Orders made ; Question answered in favour of applicant ; Costs reserved
  • Andersen v Waikato District Health Board

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful raising personal grievance claim - Less than half day investigation meeting - Applicant sought indemnity costs - No appearance for respondent - Increase to notional daily tariff…