• Elkington v IHC Otago

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Allegations of smoking inside and physical abuse of clients - Allegations denied - Suspended then dismissed - Independent psychologist convinced of veracity of allegations…
    Result:
    Application granted ; Reimbursement of lost wages ($2,947.20) ; Compensation for humiliation etc ($7,500) ; Costs reserved
    • 11 January 2002

    • CA 2/02

  • Waters v Thomas t/a McKellar Property Services

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance and arrears claim - Contribution of $4,000 sought to costs of $6,345 - Alleged failure to comply with directions of Authority to be taken into…
    Result:
    Costs in favour of applicant ($4,000)
    • 10 January 2002

    • WA 1/02

  • Leota v Eden Electroplaters Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Terms of settlement agreed between parties - Sum of money to be paid - Terms of payment agreed
    Result:
    Consent order granted ; No order for costs
    • 08 January 2002

    • AA 2/02

  • Patuwai v Auckland District Health Board Community & Mental Health Services

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Poor performance - Agreement to return to work under supervision - Difficulties with chosen supervisor - Alleged prior incident led to feeling unsafe -…
    Result:
    Application dismissed ; Costs reserved
    • 07 January 2002

    • AA 1/02

  • Taylor v Murdoch

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Stay of costs proceedings pending challenge in Employment Court - Consent order conditional on weekly payments into interest bearing trust account - Cost proceedings stayed
    Result:
    Consent order granted ; Orders accordingly ; Costs reserved
    • 04 January 2002

    • CA 1/02

  • Breed v JD Edwards Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION - Application for interim reinstatement - Serious misconduct - Sexual harassment - Denied sexual nature of contact - Whether fair investigation conducted - Arguable case - Detriment of…
    Result:
    Application dismissed ; No order for costs
    • 28 December 2001

    • AA 229/01

  • Hunt v Powercall Technologies Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Whether respondents sufficiently integrated - Transferred to second respondent - No change in employment contract - No resignation - Respondents integrated…
    Result:
    Application granted ; Reimbursement of lost wages ($75,000)(Remainder of fixed term contract) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($4,500) ; Costs reserved
  • Flying Kiwi Studios Ltd v Brott

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Preliminary matters - No appearance for second respondent - Misappropriated customer database - Gained employment with competitor - Second respondent incorrectly cited as new employer -…
    Result:
    Application granted ; Orders accordingly ; Compliance ordered ; Costs in favour of applicant ($1,800) ; Disbursements ($930.11)
    • 24 December 2001

    • AA 173A/01

  • McRae v Derry Trust

    N Taylor [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Memorandum as to costs filed out of time - Directions conference called - No real criticism of respondent - Had attempted to settle costs…
    Result:
    Costs in favour of respondent ($2,320.32) ; Disbursements ($16.50)
    • 22 December 2001

    • WA 63A/01

  • Murray v Chief Executive, Inland Revenue Department

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Correctly filled in pre-employment declaration listing no convictions - Subsequently convicted of benefit fraud - Received benefit payments while in employment with previous employer…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000)(Second applicant) ; Costs reserved
    • 21 December 2001

    • WA 93/01