• New Zealand Office Products v Howard

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Dispute concerning restraint of trade - Both parties successful to approximately equal degrees - Applicant sought $8,000 contribution to costs - Respondent sought $10,000 contribution to costs -…
    Result:
    Costs to lie where they fall
    • 25 September 2001

    • AA 124A/01

  • Anderson t/a Karen Anderson School of Dance & Drama

    D King [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Terms of settlement recorded as consent order - Respondent to provide applicant with letter of apology
    Result:
    Consent order granted ; Costs to lie where they fall
    • 24 September 2001

    • AA 140/01

  • McRae v The Derry Trust

    N Taylor [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for leave to raise grievance outside 90-day time limit - Whether exceptional circumstances - Obtained advice from lawyer shortly after dismissal - Considered advice but…
    Result:
    Application dismissed ; Costs reserved
    • 21 September 2001

    • WA 63/01

  • Arthur v Manawatu Rugby Football Union Inc

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful breach of contract claim - Unsuccessful personal grievance - 2/3 contribution to total costs of $11,700 sought - Claim for GST denied - Reasonable contribution granted
    Result:
    Costs in favour of applicant ($2,100)
    • 21 September 2001

    • WA 53A/01

  • Clemence v Southland Museum & Art Gallery Trust Board

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Alleged conflict of interests - Contractual prohibition on unpaid work which was incompatible with, impaired or conflicted with respondent's interests - Implied duty of fidelity - Letter…
    Result:
    Application granted ; Reimbursement of lost wages ($8,928 reduced to $5,900) ; Compensation for humiliation etc ($15,000 reduced to $10,000) ; Costs reserved
    • 21 September 2001

    • CA 45/01

  • Rota v Excell Corporation Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Warning issued in relation to timekeeping - Privilege of travelling to and from work in work vehicle withdrawn - No contractual right to use…
    Result:
    Application dismissed ; Costs reserved
    • 21 September 2001

    • AA 139/01

  • Laird v Armadillo Restaurants (Auckland) Ltd

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee - Alleged applicant was to purchase respondent - Alleged worked for purpose of buying respondent - Credibility - Applicant's evidence preferred - Evidence of job offer…
    Result:
    Application granted ; Arrears of wages ($240.64) ; Arrears of holiday pay ($1,453.74) ; No order for costs
    • 21 September 2001

    • AA 138/01

  • Richmond Ltd t/a Richmond Pacific v Meat & Related Trades Workers' Union of Aotearoa

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Interpretation of collective employment contract - Negotiations between applicant and respondent over variation of staffing levels resulted in written document - Respondent's agreement contingent on other changes to…
    Result:
    Orders accordingly ; Costs reserved
    • 20 September 2001

    • WA 64/01

  • Huddleston v J N L Nominees Ltd t/a George Street Delicatessen

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Reinstated after suspended during serious misconduct investigation - Disputed when applicant was to return to work - Alleged failed to restart…
    Result:
    Application dismissed ; Costs to lie where they fall
    • 20 September 2001

    • WA 36A/01

  • Sibly v Christchurch City Council

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Redundancy - Whether entitled to retiring gratuity pursuant to employment contract - Respondent's previous practice was to pay both gratuity and redundancy compensation - No ambiguity in…
    Result:
    Application dismissed ; Costs reserved
    • 20 September 2001

    • CA 44/01