The Employment Relations Authority was asked to determine whether an independent contractual relationship or an employment relationship existed between an accounting company and the respondent. To do so the ERA looked at the overall underlying and true nature of their relationship.
The respondent merged his own accounting company with the applicant’s company. The two agreed that the respondent would serve clients from both companies and be paid to do… Continue reading
A Canadian woman applied for a working holiday visa, only to change her mind about coming to New Zealand at the last minute. A year and a half later, she decided the time was right to come for a working holiday in New Zealand. Unfortunately, she was not able to apply under the working holiday visa scheme again – which threw a dampener on her travel and work plans… Continue reading
A principal in a small school of 100 students has had her registration cancelled by the Teachers Disciplinary Tribunal.
The principal was charged with serious misconduct after she began an inappropriate relationship with a student, disclosed personal information to students on Facebook, and acted in a counseling capacity despite being unqualified. On several occasions students aged 12, 13, and 14 stayed the night at her house so that they… Continue reading
An employee who worked as a truck driver has had his personal grievance for unjustified dismissal upheld by the Employment Relations Authority due to the employer’s failure to follow a fair process.
The employee was stopped by police for a routine vehicle check. The employee failed to produce his log book and failed to remain stationary while the officer checked his vehicle. The employee then refused to give his… Continue reading
A married couple moved to New Zealand together in pursuit of a better family life. Their immigration applications were made on the basis of the husband’s skills and offer of employment. Five years down the track, when both were permanent residents, the couple unfortunately parted ways.
The wife wanted to know if the separation from her husband would impact her planned application for citizenship.
In short, the separation… Continue reading
A mother and daughter have been charged with serious misconduct after they mistreated children in an early childhood learning centre.
The daughter worked as an educator and was charged with force feeding children, confining children alone in small rooms, and yelling and threatening children in angry tones. The Teachers Disciplinary Tribunal found that she roughly manhandled children by dragging them when they did not want to walk and by… Continue reading
The Teachers Disciplinary Tribunal has censured a teacher and ordered the cancellation of his registration after he entered into an inappropriate sexual relationship with a seventeen year old student on a class field trip. The teacher had sexual intercourse with the student at school and at his home.
The Tribunal noted it was only after the student went on a trip overseas that the relationship end. The Tribunal emphasised… Continue reading
A teacher has been convicted by the District Court for indecently assaulting a 14 year old student in 1975. The Court sentenced him to 4 months home detention, 100 hours of community work, and ordered him to pay $4,000 in reparation for emotional harm.
The teacher pleaded guilty to taking a group of male students on a tramping trip where he slept overnight in the same bunk bed as… 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 employee was dismissed after he pulled out of a bus bay and clipped the back end of a car. When the car owner notified the driver of the incident the employee called him crazy and shut the bus doors. The bus driver then proceeded to… Continue reading
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