An employee who worked as a machinery operator has had his personal grievance claim for unjustified dismissal upheld by the Employment Relations Authority.
The employee was dismissed after he consented to undergo a reasonable cause drug test after his employer received a complaint from a member of the public who had seen him smoking “pot” in his car. The drug test came back positive for cannabis.
The ERA… Continue reading
An employee who worked as an electrician has had her personal grievance claim for unjustified dismissal upheld by the Employment Relations Authority.
The employee was dismissed after she was told by her physiotherapist that she could not do any physical work. The employer considered her recovery would take a substantial amount of time, and therefore felt her continued employment was untenable due to the physical nature of the job… Continue reading
The Teachers Disciplinary Tribunal has allowed a teacher, convicted of driving under the influence, to stay registered. The teacher had five drink driving offences and had been convicted for common assault.
The Tribunal found that as the teacher’s previous convictions were old and because there was limited evidence before them in regards to those convictions, that their decision must take no account of his past discrepancies.
The Tribunal… Continue reading
School holidays and change overs can be a source of conflict when parents are separated. Communication breakdowns can be expensive – especially if flights or accommodation have been booked on a misunderstanding. Changed plans can cause conflict between separated parents, and does not help co-parenting.
Generally, disputes can be avoided with a clear and well-defined agreed parenting plan.
A parenting plan is an agreed document between parents (or… Continue reading
An employee who worked as a sales executive has made a personal grievance claim for unjustified disadvantage and unjustified dismissal. The employee also seeks wage arrears.
The employee was dismissed after his employer accused him of competing against him at work, and for breaching company policy by dishonestly gifting products to his friends. The employer also noted that the employee had failed to turn up to work and was… Continue reading
A falling out in the marriage had its sequel in the Employment Relations Authority when the wife’s claim for unpaid wages and holiday pay was upheld by the ERA.
The husband returned from overseas and accused his wife of embezzling money from the business which he owned and she was employed by. The wife excluded the husband from the matrimonial home and he retaliated by cutting off her pay… Continue reading
A couple bought a piece of land and a house ‘off plans’ from a developer. Building of the house took longer than expected and the couple wanted to move in before the Code Compliance Certificate (final sign off) from Council was issued, as their lease at their rented premises was coming to an end.
Their lawyer advised them that there could be a few issues with doing so, as… Continue reading
The Teachers Disciplinary Tribunal has ordered a teacher, who pleaded guilty to 22 offenses, to be deregistered.
The teacher dishonestly sought a benefit to which he was not entitled and was consequently overpaid by more than $100,000. The Tribunal found that the fraud had been partly committed while he was a teacher.
The Tribunal held that because of the gravity and seriousness of the offence, and the substantial… Continue reading
An employee who worked as a bus driver has had his personal grievance claim for unjustified dismissal rejected by the Employment Relations Authority.
The ERA held that the employer was justified in making the decision to dismiss the employee as the employee had violated the bus company’s policy by leaving a bus unattended, with passengers still inside. Although no serious consequences occurred as a result of the employee’s conduct… Continue reading
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