• Lim v Kerrick Industries Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether equipment unwanted by respondent’s client given to applicant personally or received by applicant on respondent’s behalf…
    Result:
    Applications dismissed ; Costs reserved
  • Asplet v Birchfield Minerals Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether respondent entitled to withhold wages and two weeks’ notice pay because of alleged…
    Result:
    Applications granted ; Arrears of wages ($2,286) ; Arrears of holiday pay (quantum to be determined) ; Damages ($396.78) ; Costs reserved
  • Hawes v Select Doubtless Bay Villas Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - COSTS -…
    Result:
    Applications granted; Reimbursement of lost wages ($8,796); Compensation for humiliation etc ($10,000); Compensation for loss of benefit ($4,800); Arrears of wages ($805); Arrears of overtime ($1,452); Arrears of public holiday pay ($726); Arrears of alternative holidays pay ($1,716); Arrears of annual holiday pay ($2,595.19); Costs in favour of applicant ($3,000); Disbursements in favour of applicant ($71.56)(filing fee)
  • Rogers v Willis

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether Authority had jurisdiction to hear and determine applicant's personal grievance - Unjustified dismissal - 90 day trial period - Whether applicant already employed by respondent - Offer…
    Result:
    Application dismissed; Costs reserved
  • Moukharris v Northland Waste Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant knew respondent’s health and safety policy but broke policy without first seeking advice from…
    Result:
    Application dismissed ; Costs reserved
  • Saunders v Mulford Engineering Plastics

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Authority found applicant had arguable case for unjustified dismissal – Found applicant failed to act in responsive and communicative manner and undermined …
    Result:
    Application dismissed; Costs reserved
  • Q v The Commissioner of Police

    R A Monaghan [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s written warning and being kept on restricted duties after warning issued – Applicant claimed unjustifiably…
    Result:
    Applications dismissed; Costs reserved
  • Ormsby v Effex Hair and Beauty Salon Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant late to work constantly, asked for wage advances, took extensive sick leave and took advantage…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Compensation for humiliation etc ($500) ; Orders made ; Costs reserved
  • Swanson v New Zealand Fire Service Commission

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed whether respondent could restructure applicant’s role and make applicant redundant if new role not accepted – Whether new role same as previous role – Variation in…
    Result:
    Questions answered in favour of respondent; Costs reserved
  • Gallagher v Presbyterian Support Services (Otago) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged and unjustifiably dismissed by respondent – Applicant took sick leave after annual leave declined – Letter of…
    Result:
    Application dismissed; Costs reserved