• McGowan v Minerva Farms Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant had resigned – Authority found evidence did not show applicant had resigned voluntarily –…
    Result:
    Applications granted (unjustified dismissal, arrears of holiday pay, recovery of monies, penalty and counterclaims – recovery of monies) ; Compensation for humiliation etc ($5,000) ; Reimbursement of lost wages ($5,927.48) ; Arrears of holiday pay (parties to determine quantum) ; Recovery of monies ($5,105) ; Penalty ($1,000)(payable to applicant) ; Counterclaim – recovery of monies ($14.141.38)(grazing fee) ($914.31)(telephone expenses) ; Applications dismissed (arrears of wages) ; Costs reserved
  • Vlug v Asnet Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant claimed respondent owed applicant commission and arrears of wages for half day absence
    Result:
    Application partially granted; Arrears of wages (4,856.35); Costs reserved
  • Khan v Oracle New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant’s claims relating to equal opportunities and retaliation not passed on to manager and only given…
    Result:
    Application dismissed ; Costs reserved
  • Adamson v The Salvation New Zealand Trust

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant dismissed or resigned – Restructure - Manager
    Result:
    Application dismissed; Costs reserved
  • Giles v A B C Developmental Learning Centre NZ Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably disadvantaged by final warning and unjustifiably dismissed by respondent – Authority found no claim raised relating to first…
    Result:
    Applications granted ; Reimbursement of lost wages ($15,965.01) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Rhind v Chief Executive of the Ministry of Social Development

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties have come to agreement as to costs - Terms of agreement to be orders of Authority
    Result:
    Consent order granted; Orders accordingly
  • AB Ltd v XY

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at mediation - Interim injunction and non-publication orders to be made permanent - Terms of settlement to be orders of…
    Result:
    Consent order granted; Orders accordingly; Costs reserved
  • Odisho v La Bella Italia Distribitors Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance claim, successful arrears of wages and holiday pay claims and successful recovery of monies claim – One day investigation meeting – Applicant sought contribution towards…
    Result:
    Costs in favour of applicant ($3,500)
  • Bain v Oceania Group (NZ) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by final warning and respondent’s refusal to participate in mediation over warning, and unjustifiably dismissed by respondent…
    Result:
    Applications granted ; Reimbursement of lost wages ($8,799.13) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Hutchison v Nelson City Council

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Insufficient detail to properly raise grievance - Whether applicant’s solicitor unreasonably failed to ensure grievance raised…
    Result:
    Application dismissed; Costs reserved