• May v Fordell Pre-School Inc

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Authority found applicant not suspended – Found applicant’s…
    Result:
    Application granted (unjustified dismissal); Contributory conduct (25%); Reimbursement of lost wages ($5,850); Compensation for humiliation etc ($4,500); Application dismissed (unjustified disadvantage); Costs reserved
  • Abdulina v Livingstone t/a Raumati Beauty Studio

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found not reasonable for respondent to infer applicant had resigned and fair and reasonable employer could be…
    Result:
    Applications granted; Reimbursement of lost wages ($5,655); Compensation for humiliation etc ($3,000); Costs in favour of applicant ($3,000); Disbursements in favour of applicant ($71.56)(filing fee)
  • Kindell v The New Zealand Public Service Association Te Pukenga Here Tikanga Mahi Inc (PSA)

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Authority found respondent entitled to raise concerns about applicant’s…
    Result:
    Applications granted; Compensation for humiliation etc ($5,000); Costs reserved
  • Edwards v Two Degrees Mobile Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – DISPUTE – PENALTY - Parties disputed interpretation and application of parties’ employment agreements - Applicant sought arrears of wages, interest, compensation for loss of entitlement as…
    Result:
    Applications partially granted ; Orders made ; Arrears of wages (quantum to be determined) ; Interest (5%) ; Compensation as applicant denied opportunity to participate in share option scheme (quantum to be determined) ; Penalty ($4,000)(payable to Crown) ; Costs reserved
  • Watson v UGL (NZ) Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed – Authority found respondent’s consultation process not genuine - Found applicant’s…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($12,000) ; Reimbursement of lost wages ($7,500) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Fatupaito v HHGC Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed did not dismiss applicant – Authority found applicant told no longer had job and dismissed during…
    Result:
    Application granted; Reimbursement of lost wages ($10,170); Compensation for humiliation etc ($5,500); Costs reserved
  • Birchall v Breznaq Ltd and Ors

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Authority found applicant knew first respondent to be operating company through which technology developed by applicant to be used by second respondent…
    Result:
    Applications granted (arrears of wages)(recovery of monies); Arrears of wages ($132,307); Recovery of monies ($8,008.63); Application dismissed (practice and procedure); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Booth v Abbeyfield Palmerston North Inc

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant treated other housekeepers harshly, told resident at respondent to “starve then,” applicant arrived at…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; Reimbursement of lost wages ($7,800) ; Costs reserved
  • Kellerman v Tradestaff Group Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievances claim - One day investigation meeting - Respondent sought indemnity costs - Respondent made $2,000 Calderbank offer and advised applicant would seek indemnity costs if…
    Result:
    Costs in favour of respondent ($5,500)
  • Beacham v Chief Executive of the Ministry of Social Development

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance claim - Two and a half day investigation meeting - Applicant sought $15,000 contribution towards costs - Authority found nothing unusual or different about matter…
    Result:
    Costs in favour of applicant ($8,750) ; Disbursements in favour of applicant ($71.56)(filing fee)