• Sobiecka v Canterbury District Health Board

    G J Wood [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay redundancy compensation – Multiple offers of redeployment rejected – Whether terms and conditions of new position less favourable…
    Result:
    Application dismissed ; Costs reserved
  • Johnson v Bay of Plenty District Health Board

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by warnings and harassment while on sick leave – Communication issues raised with applicant – Issues continued following performance appraisal – Internal mediation…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($6,000) ; Applications dismissed (compliance order)(good faith) ; Costs reserved
  • Williams v Big Image Print 2009 Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably disadvantaged by suspension and written warnings and unjustifiably dismissed by respondent – Applicant accused of excessive personal internet…
    Result:
    Applications granted ; Reimbursement of lost wages ($10,518.75) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($658.35) ; Interest (5%) ; Costs reserved
  • Asia-Pacific Football Academy Ltd v Allen

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought orders requiring disclosure of evidence – Whether Authority could require disclosure when penalty sought – Whether information confidential – COUNTERCLAIM – PRACTICE AND PROCEDURE…
    Result:
    Application granted (practice and procedure) ; Orders made ; Application dismissed (counterclaim – practice and procedure) ; Costs reserved
  • Livingston v G L Freeman Holdings Ltd t/a The Redwood Hotel

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful arrears of holiday pay claim - Less than one day investigation meeting - Applicant sought contribution towards costs - Respondent claimed both parties successful in claims…
    Result:
    Costs in favour of applicant ($1,250); Disbursements in favour of applicant (71.56)(filing fee)
  • Te Rangi v Invercargill Passenger Transport Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether respondent gave implied consent to raise grievance out of time – E-mail sent on 90th day – Whether…
    Result:
    Application dismissed ; Costs reserved
  • Asplet v Birchfield Minerals Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Authority previously awarded applicant arrears of holiday pay and parties unable to determine quantum
    Result:
    Application granted; Orders made; Quantum specified; Arrears of holiday pay ($3,447.36); Costs reserved
  • Petrie v Rainbow Print Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – 90 day period included Christmas break – Applicant sought legal advice – Solicitor did not return…
    Result:
    Application dismissed ; Costs reserved
  • Kearns v Southern Institute of Technology

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant provided invoices to respondent – Applicant registered for GST – Respondent transferred operations to Invercargill – Need for applicant’s services…
    Result:
    Application dismissed ; Costs reserved
  • Bostock v Jenkins Earthworks Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – No written agreement – Whether applicant informed of status – Whether applicant prepared invoices or timesheets – Protective equipment and trucks…
    Result:
    Application granted ; Costs reserved