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
The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal after an employee was dismissed without any process being followed.
The employee had worked for the company for a number of years and it was agreed he would take a year off for study but be employed during that period for 10 hours per week. He would also return full time at the end of the… Continue reading
Michael leased motel premises from Sally. Under the lease, it was agreed that Michael would maintain the interior of the motel, and pay a percentage of the annual rent into a maintenance fund. Michael could then use the fund to carry out his maintenance obligations under the lease.
A couple of years into the lease, Michael started receiving complaints from guests that heat pumps were pumping out cold air… Continue reading
A work foreman who failed to check that the area in which he was working was clear has been fined $35,000, and ordered to pay reparation of $15,000, after one of his team was crushed to death.
The Court held that the foreman should have ensured he knew where everyone in the team was before commencing the operation that led to the accident.
The employer was also ordered… Continue reading
Recent amendments to the Fair Trading Act will impact all businesses that provide standard contracts to consumers. From 17 March 2015 those in trade are prohibited from including unfair contract terms in standard consumer contracts. Once a term is declared “unfair”, any trader who tries to enforce or rely on that term could be liable to a fine on conviction.
The fines run up to $200,000 for an individual… Continue reading
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