New Zealand Employment Relations Authority

Hodgson v Parentline Charitable Trust

UNJUSTIFIED DISMISSAL – Constructive dismissal – Good faith – Applicant ran Parentline for 25 years before it became charitable trust and respondent formed – Applicant member of oversight group (“TRTK”) that had ability to remove Board members – Respondent decided to measure Parentline’s...

Warren Skerrett Investments Ltd v Camelot New Zealand Ltd Partnership and AnorBroad

RESTRAINT OF TRADE – BREACH OF CONTRACT – Applicants sought damages for respondent’s breach of restraint of trade provision (“ROT”) in employment agreement (“EA”) and breach of duties of fidelity and confidentiality – Respondent’s employment transferred to first applicant when first applicant...

P and B Engineering Ltd & Anor v Peterson & AnorPetersons Global Sales Ltd ; Peterson

PRACTICE AND PROCEDURE – Authority ordered suppression of confidential information due to commercial sensitivity – Director and shareholder of second applicant (“K”) was sister and daughter of first and second respondents (“J” and “C”) – First applicant incorporated by K’s husband (“B”) – Second...

Vollmer v The Wood Life Care (2007) Ltd

UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and being issued with trespass notice – Applicant claimed unjustifiably dismissed by respondent – Request for sick leave in advance declined – Whether applicant...

Jackel (NZ) Ltd v Ireland

BREACH OF CONTRACT - Breach of implied term of duty of fidelity and good faith - Breach of fiduciary duty - Applicant imported, distributed and marketed baby products - Respondent was applicant's managing director - Applicant summarily dismissed respondent for serious misconduct in respect of his...

Sigglekow v Waikato District Health Board

UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed dismissal justified as applicant left shift early without prior notification or authorisation and slept whilst on duty – Applicant suffered heart attack and undertook gradual...

Crutchley v Chief Executive of the Ministry of Social Development (MSD)

BREACH OF CONTRACT – Applicant claimed respondent breached contractual terms by failing to provide applicant with safe work environment, causing applicant to suffer mental harm through work-related stress - Authority found applicant must show on balance of probabilities that suffered medically...

Pivott & Anor v Southern Adult Literacy IncO'Sullivan

RAISING PERSONAL GRIEVANCE – Whether second applicant’s grievances raised within 90 days – Authority found second applicant’s memorandum to related organisation not sent to respondent – Found second applicant’s grievance respondent deliberately withheld teaching opportunities not raised within 90...

Nova Energy Ltd v Mitchell and OrsNational Energy Ltd, Mitchell

RESTRAINT OF TRADE - Applicant claimed first respondent (respondent") breached restraint of trade provision in exit agreement - Respondent used applicant's confidential information for own benefit and benefit of second respondent - Whether restraint valid and enforceable - Whether payments made to ...

Nager v Northland Regional Council

UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably disadvantaged by actions constituting bullying, harassment and breach of good faith – Applicant claimed unjustifiably dismissed by respondent – Work injury affecting applicant’s ability to do job –...