An employee’s claim that her job was unreasonably not held open by her employer when she went on maternity leave has been dismissed by the Employment Relations Authority.
The employee worked as a support person in a small office. The employer claimed that she occupied a key role that could not be filled by a temporary replacement because her skills could not be learned in a short time… Continue reading
A teacher facing allegations of accessing pornographic material on his school computer was suspended for three months in December 2013, pending the hearing of the allegations.
In March this was extended for a further three months. The charges have still not been heard.
In June 2014 the Complaints Assessment Committee sought a further three month extension as the teacher has now been charged with criminal offenses and the… Continue reading
The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal after the employee was alleged to have abandoned her employment.
The employee returned from maternity leave and went onto a two-day week at her request. Later these hours were again varied by consent.
Problems began when the employee requested to return to full time hours but the employer would not agree. The employer offered a… Continue reading
The Employment Relations Authority has upheld an employee’s personal grievance claim for unjustified dismissal because the 90-day trial clause in his contract was ineffective.
The clause was correctly worded, the employee was given a copy of the contract and signed it before he started work. So what went wrong for the employer?
The ERA held that the clause failed to be effective for two reasons (either would have… Continue reading
An employee’s personal grievance for unjustified dismissal has been upheld by the Employment Relations Authority.
The employee suffered a non-work accident and was off work for a considerable period. When she was well enough for partial work she met with her employer and ACC Case Manager to discuss a graduated return to work. She was told that day that she had been replaced and there was no work for… Continue reading
The Employment Relations Authority has upheld a personal grievance for unjustified dismissal.
The employer sought to rely on a fixed term in the employment agreement. The ERA held that the employee had never been provided with the employment agreement before he was dismissed and therefore the fixed term was not effective.
As a result there was no proper process followed, and the employee was entitled to $4,800 for… Continue reading
An employee’s personal grievance claim for unjustified dismissal has been upheld by the Employment Relations Authority.
The employee was dismissed for taking unauthorised breaks; failing to serve customers and deliberately damaging food items (allegedly to prevent their sale).
The ERA held that none of these allegations were raised with the employee before she was dismissed and that no proper process was followed. Lost wages of $774 and compensation… Continue reading
A recent case illustrates the need to settle relationship property matters sooner rather than later when parties go their separate ways.
The parties had separated in 2004.The husband moved out while the wife continued living in the former family home.
At the time of separation, the relationship property assets to be divided included the family home worth approximately $1.55 million and four businesses worth over $1.7 million… Continue reading
Daryl and his two siblings set up a partnership and bought a rental property in the partnership. The partnership took out a mortgage with a bank in order to purchase the property.
Their lawyer at the time suggested that they enter into a partnership agreement recording such things as what happened if one party wanted to sell their share of the partnership, but they decided that they didn’t need… Continue reading
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