Tag Archives: Employment Relations Authority

ODT on ERA hearing of claim and counter-claim | Lund South release

Updated post 6.10.14 at 7:55 p.m.

The long-running employment dispute between the owner of Dunedin construction company Lund South and its former Dunedin manager David Low returns to court in February 2015.

Last week the local newspaper offered stray comment which attracted a strong press response from Lund South. There is further news coverage today.

The full press release features below.

How it began:

### ODT Online Wed, 24 Sep 2014
Former Lund manager wins in court
By Simon Hartley
The former Dunedin manager of construction company Lund South has won the latest in a string of long-running court battles over non-payment of bonuses; covering two years of his almost nine-year employment with the company. […] At stake was understood to be around $500,000 in bonuses and legal costs of at least tens of thousands of dollars.
Read more

The news item is notable for a lack of balance.

█ Lawyers advise this is the extent of comments that can be made:

Lund South logoLund South - Press release 25.9.14

[ends]

What appears today:

ODT Online Mon, 29 Sep 2014
Bonus dispute set to continue
By Simon Hartley
[…] In response to an ODT article last week about an Employment Court finding this month, [Russell] Lund said in a statement that despite earlier court findings the “substantive issues” of the case were yet to be heard in court. A substantive hearing would be held in February, when the Employment Relations Authority would consider Mr Low’s claim and Lund South’s “substantial counterclaim” against him, he said.
Read more

It is extraordinary, in the context, Mr Low concedes at hearing that ‘during the disputed period he was not functioning at his full potential’ and confirms he has been ‘a disloyal employee to Lund South and commented negatively about the business to others inside and outside the business’.

Also at hearing, Mr Low says Mr Lund is ‘entitled to draw unfavourable comparisons’ between his performance and that of Lund South’s then Queenstown manager.

Other employees at Lund South may care to comment.

We can only wonder…..
It’s interesting that the judge has sealed evidence from the hearing. Assume from this the likelihood of forthright revelations and exposure of Mr Low’s situation in court next year. To that encounter ODT may deign to send an experienced court reporter able to grasp finer points.

David Low’s own advisers have commented that the majority of Mr Low’s claim is destined to fail and have urged mediation and compromise.

Lund South Ltd v Low [2014] NZEmpC 173 [Judgment of Judge B A Corkill, 18 September 2014] (PDF, 152KB)

CONTRACT – Defendant informed of proposed changes to role in September 2008 – Proposed changes purportedly included cessation of defendant’s bonus entitlements – Changes not properly formalised in individual employment agreement until September 2010 – Defendant resigned with effect from June 2012 – Preliminary question as to whether defendant’s bonus entitlement ceased from October 2008 or continued until September 2010 – No agreement that defendant had agreed to stand down from role in late 2008 – Bonus continued until September 2010 when defendant was formally offered new position.

Posted by Elizabeth Kerr

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Filed under Business, Construction, Media, Name, New Zealand, People, Politics, Project management, Property, Site

Employment matters —the BAD stuff

For anyone needing help, advice or mediation on employment and work-related matters anywhere in New Zealand . . .

Contact the Ministry of Business, Innovation and Employment (MoBIE) – formerly the Department of Labour.
http://www.dol.govt.nz/er/solvingproblems/resolving/mediation.asp

More information on mediation and how to access the service is available at http://www.dol.govt.nz/er/services/mediators/index.asp
or contact the centre on Freephone 0800 20 90 20

You can also contact your union representative, a lawyer or your local Community Law Centre for advice.

█ Don’t hesitate to call Police on 111 if you feel threatened.

We note the following news items with some distress and revulsion.

### ODT Online Wed, 1 May 2013
Queenstown driver paid $63,000 after sexual harrassment
By Abby Gillies
A female truck driver working in Queenstown has been awarded more than $63,000 for being sexually harassed, discriminated against because of her gender and unjustifiably dismissed from her job. A decision by the Employment Relations Authority has ordered Rachael Harrington receive $25,000 in compensation and $38,200 from her former employer Cromwell-based Thunderbird One, over her treatment.
The truck driver started work with the company in Queenstown, which operates a Mainfreight franchise, in September 2008. However, “her employment was both short and fraught”, and she resigned and filed a personal grievance three months later, said the ERA finding. Her claims of being unjustifiably disadvantaged, discriminated against and sexually harassed were unchallenged by the company, it said.
Read more

### ODT Online Thu, 2 May 2013
Sexually harrassed Queenstown driver miscarried
By James Beech
The former Queenstown female truck driver awarded more than $63,000 for being sexually harassed, discriminated against because of her gender and unjustifiably dismissed from her job suspects she miscarried as a result of being told to “manhandle” an 800kg load at work. The Employment Relations Authority ordered that Rachael Lee Harrington receive $38,243 as recompense for wages lost as a result of the dismissal and $25,000 as compensation for humiliation, loss of dignity and injury to feelings from her former employer, Cromwell-based Thunderbird One Ltd. Ms Harrington was “severely bleeding and miscarrying after lifting all the heavy pallets, so it was really super traumatic for her,” counsel Angeline Boniface, of Christchurch, told the Otago Daily Times yesterday. “The worst thing about this entire situation is that here she is bleeding profusely, her father asked for an ambulance to come on site and Mr [Justin] Marshall said, “If you get an ambulance, you’ll be up for disciplinary action,” Mrs Boniface said. “Meanwhile she’s bleeding, she wants to get into the building and other staff members have locked her out and [are] laughing at her. This is awful, just shocking.”
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Justin Marshall, managing director of Thunderbird One Ltd and Picture Vehicles Ltd, is not the former All Black and broadcaster Justin Marshall.

Posted by Elizabeth Kerr

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Filed under Business, People