• Lunjevich v Attorney-General in respect of the Department of Corrections

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Convicted of driving under influence of alcohol or drugs - Failed to advise employer of criminal charges as required under code of conduct -…
    Result:
    Application granted ; Reinstatement ordered ; Costs reserved
    • 19 October 2001

    • AA 114A/01

  • Mangu v Seahunter (NZ) Ltd

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Submission of grievance - Grievance submitted out of 90-day time limit - No objection to late submission made - Alleged pressure to work faster…
    Result:
    Application dismissed ; Costs reserved
    • 18 October 2001

    • CA 56/01

  • Hunt v Formica (NZ) Ltd

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Involved in confrontation with co-worker - Disputed whether punched co-worker - Investigation conducted but no witnesses admitted to seeing punch - Given warning -…
    Result:
    Application granted ; Reimbursement of lost wages ($6,010.16)(13 weeks) ; Compensation for humiliation etc ($3,500) ; Costs reserved
    • 18 October 2001

    • AA 160/01

  • Martine v Gary Holland Earthmoving Ltd

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Alleged dismissal procedurally unfair - Informed by co-worker that employment finished - Minimum requirements of procedural fairness not met - Truck driver
    Result:
    Application granted ; Compensation for humiliation etc ($3,500) ; Costs reserved
    • 17 October 2001

    • WA 68/01

  • Howe v Johnson's House Removal Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - Alleged new information available - Purported evidence that respondent company not winding down as originally alleged - No effect on genuineness…
    Result:
    Application dismissed ; Costs reserved
    • 17 October 2001

    • AA 31A/01

  • Bartlett v Five Oaks Farm Trust

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Full and final settlement reached during investigation meeting - Authority to record terms of settlement - Respondent to pay agreed sum to applicant - No admission of…
    Result:
    Consent order granted ; No order for costs
    • 16 October 2001

    • CA 46A/01

  • Gardner v Dynamic Communications Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Restraint of trade - Disputed whether employment contract signed - No restraint of trade in original contract - Employment contracts standardised - Contained new bonus scheme…
    Result:
    Application granted ; Damages ($5,890) ; Penalty in favour of applicant ($2,000) ; Penalty in favour of Crown ($2,000) ; Costs reserved
    • 16 October 2001

    • AA 159/01

  • Duthie v Westpac Banking Corporation

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Whether entitlement to redundancy compensation - Part-time position disestablished - Declined change in hours due to domestic responsibilities - Genuine redundancy situation - Declined offer of…
    Result:
    Application dismissed ; Costs reserved
    • 15 October 2001

    • CA 55/01

  • Corporate Dial A Driver Ltd v Harrison

    WRC Gardiner [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - Investigatory meeting unnecessary - Arrears of holiday pay - Alleged already paid - Wage records showed payment for whole period of…
    Result:
    Application dismissed ; Costs reserved
    • 15 October 2001

    • AA 116A/01

  • McCready v Dataperfect Holdings Ltd t/a Dataset Computer Supplies

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Applicant left employment and set up own business - Approached prospective clients including respondent's clients - Declaration that activities not in breach of confidentiality provisions in…
    Result:
    Application adjourned ; Costs reserved
    • 12 October 2001

    • AA 158/01