• Struthers v NRG Home Electrical Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged during meeting with manager and unjustifiably dismissed by respondent – Whether applicant falsified timesheets – Whether applicant…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages) ; Reimbursement of lost wages ($12,220) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($646.26) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Homan v The Persian Princess Ltd t/a The Fig

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed as had received complaints about applicant’s attitude, had discovered applicant smoking cannabis…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (75%) ; Compensation for humiliation etc ($500) ; Applications dismissed (counterclaims)(good faith and penalty) ; Costs to lie where they fall
  • AB Ltd v XY

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement of costs issue – Respondent agreed would pay applicant $20,000 contribution towards costs – Terms of settlement to be orders…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Singh v Printhub Ltd

    T MacKinnon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee – Whether applicant offered position as independent contractor – Whether applicant allowed to come into respondent’s workplace to use computer – ARREARS OF WAGES AND…
    Result:
    Applications granted (jurisdiction)(arrears of wages and holiday pay) ; Arrears of wages and holiday pay ($12,597.20) ; Interest (5%) ; Application dismissed (penalty) ; Costs reserved
  • Wroe v CMP Rangatikei Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Eparaima v Armstrong Prestige Wellington Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s decision to issue written warning – Applicant claimed behaviour leading to warning caused by stress resulting from respondent’s actions - Authority…
    Result:
    Application dismissed ; Costs reserved
  • Iva v Strandbags Pty Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent failing to address concerns regarding conduct of applicant’s manager, removal from roster and pay stoppage,…
    Result:
    Application dismissed; Costs reserved
  • Kindell v The New Zealand Public Service Association Te Pukenga Here Tikanga Mahi Inc

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance claim – Two days investigation meeting – Applicant sought contribution towards costs – Authority found award of costs for legal representation during applicant’s employment inappropriate…
    Result:
    Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Glen v Wilfred Investments Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim and unsuccessful counterclaims - One and a half days investigation meeting - Applicant sought $10,000 contribution towards costs - Authority found counterclaims added to…
    Result:
    Costs in favour of applicant ($5,666.66); Disbursements in favour of applicant ($173.78) (hearing fee and filing fee)
  • Mokomoko and Anor v La Famia Foundation NZ and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claims and partially successful counterclaims - Three days investigation meeting – Applicants sought $12,000 contribution towards costs – Authority found fairest approach to make no…
    Result:
    Costs in favour of applicants ($9,333.33); Disbursements in favour of applicants ($204)(hearing fees) ($71.56)(filing fee)