• Tasman District Council v New Zealand Public Service Assoc

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Parties disputed interpretation of term ‘annual market salary movement’ in parties collective agreement (“CA”) – Whether general market rates or average of general market rates and local government…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Hammond v Polladio Holdings Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - One day investigation meeting - Applicant sought $8,774 contribution towards costs - Authority found case straightforward and no justification for adopting approach other…
    Result:
    Costs in favour of applicant ($3,500)
  • Tertiary Education Union v Vice-Chancellor University of Auckland

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed when respondent required under Collective Agreement (“CA”) to inform applicant of intention to review policy – Respondent sought to review Academic Grades, Standards and Criteria policy…
    Result:
    Questions answered ; Costs reserved
  • Williamson v St George Institute of Learning

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Respondent claimed applicant agreed to independent contract but upon querying contractor status parties agreed applicant covered by collective agreement - DISPUTE…
    Result:
    Application granted ; Question answered in favour of applicant ; Reimbursement of lost wages ($1,677.24) ; Costs to lie where they fall ; Disbursements in favour of respondent ($71.56)(filing fee)
  • Butler v The Open Polytechnic of New Zealand

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant person intending to work – Applicant candidate for employment – Multiple telephone discussions – Parties met at applicant’s home – Whether hourly rates discussed – Whether…
    Result:
    Application dismissed ; Costs reserved
  • McGovern v South Eastern Geophysical Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL - Abandonment – Applicant claimed unjustifiably disadvantaged by lack of procedure and unjustifiably dismissed by respondent – Whether applicant employed on fixed-term contract – Whether…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (20%) ; Reimbursement of lost wages (quantum to be determined) ; Interest (5%) ; Compensation for humiliation etc ($3,200) ; Applications dismissed (arrears of holiday pay)(penalty) ; Costs reserved
  • Landon-Lane v Annies Marlborough Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Applicant suffered on going effects from previous brain injury – Respondent aware of injury when applicant employed – Following sexual assault on applicant…
    Result:
    Application granted ; Costs reserved
  • Molloy v The RJ & DE Smaill Partnership t/a Ladybird Hill

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide employment agreement and unilateral changes to terms and conditions of employment – Applicant…
    Result:
    Applications granted ; Compensation for humiliation etc ($4,500) ; Costs reserved
  • Steadman v Canterbury Employers' Chamber of Commerce Inc

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – BREACH OF CONTRACT – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed respondent breached obligations in employment agreement to provide safe workplace –…
    Result:
    Applications dismissed ; Costs reserved
  • Haquiqzai v New Zealand Muslim Association

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought indemnity costs of $9,615 - Authority found indemnity costs not appropriate as respondent's invoices did not…
    Result:
    Costs in favour of respondent ($7,000)