Posted by on 19 February 2014 | 0 Comments
Tags: Case Study
Calling a customer "Miss Piggy" and telling her in an email she was "rude and self-important" were sufficient reasons for an employee to be sacked, according to the Employment Relations Authority.
Posted by on 19 February 2014 | 0 Comments
Tags: Case Study
Nelson SPCA successfully defended a Personal Grievance brought against them for Unjustified Dismissal / Unjustifiably Disadvantaged…
Posted by on 27 January 2014 | 0 Comments
Tags: Case Study
Margot Gazeley challenged the Employment Relations Authority (ERA) decision that she was justifiably dismissed from her job as Facility Manager at the Woodlands Rest Home and Retirement Village. In her challenge to the Employment Court, one of the remedies she sought was reinstatement. The Court disagreed with the ERA’s determination and concluded Ms Gazeley was in fact unjustifiably dismissed, and as a result she was reinstated to her position, awarded $20,000 compensation plus more than two years’ back pay. Costs are yet to be determined.
Posted by on 15 December 2013 | 0 Comments
Tags: Case Study
Mr Woodward, a 65yr old technician employed by Totally Boating Ltd raised a personal grievance for unjustified dismissal, when he was made redundant in March 2012, claiming that his dismissal was both substantially and procedurally unjustified. He also claimed that he suffered an unjustified disadvantage in his employment when he was forced to take holiday at short notice at a time which did not suit him.
Posted by on 12 December 2013 | 0 Comments
Tags: Case Study
ALSCO NZ Ltd, like many businesses, provided a Christmas party for their staff, but as can so easily happen, something that started as a joke meant to be taken with a festive spirit, orchestrated by a group of female staff, later contributed to a serious employment relations dispute.
Posted by on 22 October 2013 | 0 Comments
Tags: Case Study
Local company Sepclean Ltd was ordered to pay more than $13,000 in compensation after they were found to have unjustifiably dismissed their employee Mr C and discriminated against him because of his disability.
Posted by on 25 September 2013 | 0 Comments
Tags: Case Study
A recent case highlighted the perils of contacting the police prematurely when you suspect an employee of theft. It cost the employer 3 months lost wages, $5,000 compensation and costs.
Posted by on 25 September 2013 | 0 Comments
Tags: Case Study
This last month has seen a number of ‘interesting’ decisions from the Employment Relations Authority (ERA) and Court. A local case is of particular significance, creating a new set of rules for employers when they use practical work tests in recruitment. The key lessons are work trials may be deemed to be employment depending on how you conduct them, which would mean they should be paid. Once you pay them they become your employee and you have to go through the normal processes to dismiss if you don’t want them. If you do subsequently employ the applicant you can’t utilise the 90 day trial period because they have previously been your employee. This Court decision is complicated and very concerning. To understand the full implications of this Employment Court decision read read on below. In the Judge’s final comments he said ‘I do not underestimate the practical consequences of this decision to employers in the retail food and beverage sector wishing to assess the merits of prospective employees.’ My advice - tread with extreme care.
Posted by on 19 August 2013 | 0 Comments
Tags: Case Study
It might on occasion be tempting to communicate your opinion about an employee that has less than impressed or to clarify your version of events before the employee does. However, one Arthur’s Pass employer found that this can lead to a costly and time-consuming case with compensation to pay.
Posted by on 19 August 2013 | 0 Comments
Tags: Case Study
The owner of Auckland's Cowboys Bar will have to pay out more than $12,000 for unfairly dismissing a manager after she sent a text to her subordinate about poor behaviour.
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