• Fatukala v Goodman Fielder New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found error in filing grievance correctly was due to mistake by applicant’s advocate rather than…
    Result:
    Application granted ; No order for costs
  • Bali v SRG Holdings Ltd t/a Supervalue and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with applicant and first respondent’s settlement agreement (“SA”) – SA clause stated second respondent would offer applicant employment – Authority found applicant agreed did…
    Result:
    Application dismissed; Costs in favour of respondent ($500) ;
  • Enosa v Black & White Fire Systems Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – COMPLIANCE ORDER: Applicant sought compliance with previous Authority determination and sought to join respondent’s director and new company (“2011”) to proceedings – Authority found before exercising…
    Result:
    Orders made; Costs reserved
  • Taki v Spotless Facility Services (New Zealand) Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful personal grievance claims – Length of investigation meeting not specified – First applicant sought $4,500 contribution towards costs and second applicant sought $7,500 contribution towards costs…
    Result:
    Costs in favour of applicant ($3,500)
  • Tian v South Pacific Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent - Authority found respondent did not give applicant reasons for dismissal or tell applicant directly employment terminated – Found…
    Result:
    Applications granted (unjustified dismissal, recovery of monies, penalty – recovery of monies, arrears of wages and holiday pay and good faith - penalty) ; Compensation for humiliation etc ($10,000) ; Recovery of monies ($33,510) ; Penalty – recovery of monies ($5,000)(payable to Crown) ($5,000)(payable to applicant) ; Arrears of wages ($12,400) ; Arrears of holiday pay ($1,455.20) ; Penalty – good faith ($2,000)(payable to Crown) ; $3,000(payable to applicant) ; Applications dismissed (penalty – arrears of wages and holiday pay and penalty – failure to provide employment agreement) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Perry v Brumby Investments Ltd t/a Insurance Solutions

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES - Applicant sought arrears of wages and holiday pay and recovery of travel expenses - Authority satisfied on balance of…
    Result:
    Applications granted ; Arrears of wages ($6,381.05) ; Arrears of holiday pay ($902.48) ; Recovery of monies ($122.45) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Van Meygaarden v Intagr8 Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s failure to provide written employment agreement (“EA”) – Authority found if signed EA existed unlikely applicant would remove from respondent’s office given unexpected…
    Result:
    Application granted (unjustified dismissal); Reimbursement of lost wages ($3,173.10); Compensation for humiliation etc ($5,000); Application dismissed (penalty); Costs reserved
  • Solomon v Hokotehi Moriori Trust and Ors

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by first respondent’s suspension of applicant – Authority found first respondent able to rely on suspension provision in applicant’s unsigned employment agreement (“EA”)…
    Result:
    Application granted (unjustified disadvantage); Reinstatement ordered; Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($8,000); Applications dismissed (injunction)(penalty); Costs reserved
  • McLeod v West Coast District Health Board

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Authority found no express provision in SA requiring respondent’s employees be notified of applicant’s resignation – No breach…
    Result:
    Application partially granted; Compliance ordered (partially); Costs reserved
  • Cumming v Absolute Insurance Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent acknowledged failure to give applicant opportunity to be heard fatal to any prospect of justifying dismissal…
    Result:
    Application granted; Contributory conduct (50%); Compensation for humiliation etc ($5,000); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved