• Attwood v Imperial Industries and Anor

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant took several days sick leave - Suspended on pay until disciplinary meeting - Given list of concerns before meeting - Existence of pre-existing…
    Result:
    Application granted ; Reimbursement of lost wages ($6,461.52)(12 weeks) ; Compensation for humiliation etc ($4,500) ; Costs reserved
    • 25 October 2001

    • WA 72/01

  • Reid v Andes Investment Ltd

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Accused of theft - Investigated by police - Victim of suspicion and gossip at workplace - Police investigation dropped - Respondent did not conduct own investigation before…
    Result:
    Application granted ; Compensation for humiliation etc ($2,500) ; Arrears of holiday pay ($1,940.55) ; Interest (8 percent) ; Penalty ($250)(Crown) ; Costs in favour of applicant ($3,000)
    • 25 October 2001

    • WA 71/01

  • Kennedy v Kahui Tautoko Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties requested settlement be recorded by way of compliance order - Publication prohibited - Personal grievance proceedings adjourned for completion of settlement arrangements
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
    • 25 October 2001

    • WA 70/01

  • Hollis v Mainland Products Limited

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Employed on temporary basis - Offer of employment contingent on resigning from other job - Failed to resign - Worked morning shift at respondent…
    Result:
    Application dismissed ; Costs reserved
    • 25 October 2001

    • AA 166/01

  • Bulloch v Lowe t/a Ton of Tiles

    D King [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Statement of problem indicated claim covered period both prior to and after enactment of ERA - Became clear at investigation meeting that claim related only to period before…
    Result:
    Application dismissed ; No order for costs
    • 25 October 2001

    • AA 161/01

  • Bendall v Live Environments Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant handed in notice of resignation - Director of respondent became angry and told applicant to finish up that day - Credibility…
    Result:
    Application granted ; Compensation for humiliation etc ($7,000) ; Costs reserved
    • 24 October 2001

    • WA 69/01

  • Keys v Real Estate Institute Of New Zealand

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION - Application for interim reinstatement - Unjustified disadvantage proceedings - Redundancy - Undertaking to place applicant on garden leave pending substantive determination - Disputed whether genuinely redundant -…
    Result:
    Application dismissed ; Costs reserved
    • 24 October 2001

    • AA 165/01

  • Hjorring v Advanced Circuits Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Returned to work following sick leave - New processes implemented during absence - Previous work habits had resulted in faulty product - Attempted to…
    Result:
    Application dismissed ; Costs reserved
    • 23 October 2001

    • AA 164/01

  • Watson v Fell

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Withdrawal of job offer - Whether person intending to work - Indicated position vacant but no formal offer made - Not interviewed for position - Credibility -…
    Result:
    Application dismissed ; Costs reserved
  • Abood v Woolworths Auckland (NZ) Ltd

    S Bathgate [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Failed to meet required standard as outlined in job description - Given number of warnings regarding performance issues - Failed to improve performance -…
    Result:
    Application dismissed ; Costs reserved
    • 23 October 2001

    • AA 162/01