Tag Archives: Lund South Ltd

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.
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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.
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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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Carisbrook and Leith flood protection

Received from Rob Hamlin.
Monday, 27 May 2013 1:03 p.m.

Carisbrook on Sunday (26.5.13)

Carisbrook 26.5.13. Rob Hamlin 1
A picture of doomed dereliction – Innit? I tried to take photos of this last week, but the weather wasn’t good enough. I seem to recall that the comb lines in the manicured grass were going in a different direction then, indicating that further ratepayer-funded pampering has occurred this last week. What earthly reason can there be for the DCC to be spending money doing this on a structure that they claim they have a) sold and b) issued a demo permit for? Some seats are missing (but could be inside). The lights are gone, but Delta bought the last set anyway so why not ‘play it again Sam’?

Otago Regional Council – Leith Flood Protection Scheme

Water of Leith 001 (1)001 ‘Sad Sacking’
The results of the equally seawall-like doomed attempts by the ORC and their representatives to establish a million dollar[?] lawn in the middle of winter in the bottom of a drainage channel occupied by a major flood prone waterway (the Leith). An act of simply heroic lunacy. This is the aftermath of the minor flood last week. The proto-lawn is covered in sacking further up the river, except for the bit next to the water – that’s now wrapped around the post in the foreground. Luckily it did not end up in the harbour – although many tons of silt presumably did. No doubt the ORC will be able to issue itself with a retrospective resource consent for this uncontrolled discharge into the environment.

Water of Leith 002 (1)Water of Leith 004 (1)002, 004 ‘Washed away’
For weeks now and presumably at great expense to the ORC, the contractors (Lund if the site signs are to be believed) have been laying down what looks like micropore mat, hexagon reinforcement, and what looks like a very expensive chicken wire plastic mesh combo – stitched together. They then planted grass on it. This can be seen growing feebly on the slope in 002. Alas, the minor flood that dislodged the sacking also gently sluiced out the soil and grass from the expensively-laid reinforcements on the level parts of the lawn laid (lunacy) right up to the edge of the river.

Water of Leith. Robert Hamlin (1)000 gives a higher angle shot showing the artistry of this now exposed and empty (of soil) soil stabilisation system, along with the feeble grass above it. I am not sure how they will reposition the soil into this stuff short of ripping it up and starting again. Presumably if all this expensive stuff was intended to stop soil coming out, it will be equally good at resisting attempts to put it back in again by mechanical means. Oh dear!

Water of Leith 003 (1)003 ‘Mighty defences’
Here we have what is actually supposed to keep the Leith in the straight and narrow from now on. This is the concrete shuttering for an incomplete part of the bank (this shuttering is now filled with shyte from the flood). The wall when poured (one hopes after clearing out said shyte) will be a worthy successor to the St Clair seawall – it is about 12 inches tall and 8 inches thick. It is plastered onto the top of (rather than onto the front of as with the seawall) the remains of its more substantial predecessor. The lawn (in the areas where it used to be there) starts directly behind it…

Water of Leith 005 (1)005 ‘Classy concrete placing’
The mighty foot-high defences take an interesting course in the photograph taken looking up the left-hand bank from the Forth Street Bridge. I do not know if this feature-bulge in the mighty wall is the outcome of a molar-like architectural design feature to increase the organic appearance of the site or if it’s simply a concrete shuttering quality control issue. It’s your rates money – you decide.

Posted by Elizabeth Kerr

*Photos: Rob Hamlin (May 2013)

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Looming big projects

### ODT Online Wed, 8 Jul 2009
Projects a boost for city firms
By Chris Morris
Amalgamated Builders Ltd (ABL) and Lund South staff in Dunedin made a combined bid to secure the subcontract for concrete work associated with the Forsyth Barr Stadium’s two main stands. The $8 million contract will provide work for up to 50 of their employees at the site.
Looming big projects in or near Dunedin include the Forsyth Barr Stadium, the Regent Theatre upgrade, the Dunedin Town Hall redevelopment, the next stage of the Otago Settlers Museum upgrade, the building of the Bunnings Warehouse and major changes to the Otago Corrections Facility at Milburn.
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Posted by Elizabeth Kerr

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