• Dr X v A District Health Board

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – BREACH OF CONTRACT – PENALTY – Applicant sought compliance with parties’ settlement agreement (“SA”) and damages and penalty for respondent’s breach of SA – Authority found sending…
    Result:
    Applications dismissed; Costs reserved
  • Blue v Graamans Health Development Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Authority previously awarded applicant lost remuneration and parties unable to determine quantum – Respondent to pay applicant $2,216 reimbursement of lost wages…
    Result:
    Application granted; Orders made; Quantum specified; Costs in favour of applicant ($3,800); Disbursements in favour of applicant ($71.56)(filing fee)
  • X v Tony's Tyre Services 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
  • Liu v Blackwell Motors Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent and respondent breached good faith obligations towards applicant – Authority found fair and reasonable employer would not have…
    Result:
    Application granted ; Compensation for humiliation etc ($10,000) ; Reimbursement of lost wages ($35,120) ; Costs reserved
  • Mokomoko & Anor v La Famia Foundation NZ & Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed or alternatively unjustifiably dismissed during resignation notice period – Authority found breaches by second respondent’s managing trustee (“W”) not serious…
    Result:
    Applications granted (unjustified dismissal, arrears of holiday pay and counterclaim for recovery of monies) ; Reimbursement of lost wages ($961.54)(first applicant) ; Reimbursement of lost wages ($769.23)(second applicant) ; Arrears of holiday pay ($9,615)(first applicant) ; Arrears of holiday pay ($3,487.77)(second applicant) ; Interest (5%) ; Counterclaim – recovery of monies ($2,200) ; Application dismissed (penalty) ; Costs reserved
  • Watson v Oceana Gold (New Zealand) Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by final written warning and unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed after inappropriate…
    Result:
    Application granted (unjustified dismissal); Contributory conduct (75%); Reimbursement of lost wages ($4,726.83); Compensation for humiliation etc ($2,500); Application dismissed (unjustified disadvantage); Costs reserved
  • Brennan v County Corkhouse Ltd t/a Cheers Tavern

    K J Anderson [Employment Relations Authority - Auckland]

    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
  • Davies v Dove Hawke's Bay Inc

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found applicant did not provide clear request to representative to have grievance raised until applicant…
    Result:
    Application dismissed; Costs reserved
  • Watson and Anor v Pridex Kitchens (PN) Ltd and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicants claimed unjustifiably disadvantaged by first respondent’s failure to consult applicants regarding termination of applicants’ employment and give notice – Authority found fact applicants did not receive…
    Result:
    Application granted (unjustified disadvantage); Compensation for humiliation etc ($3,000)(first applicant)($3,000)(second applicant); Applications dismissed (arrears of wages)(penalty)(counterclaim)(recovery of monies); Costs reserved
  • Day v Agmech Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant not casual employee – Found applicant dismissed by respondent – Found respondent failed to raise…
    Result:
    Applications granted ; Compensation for humiliation etc ($5,000) ; Reimbursement of lost wages ($3,020) ; Arrears of wages ($862.50) ; Costs reserved