• Patterson v Superior Motor Cycles Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged by respondent’s failure to consult with applicant and unjustifiably dismissed – Applicant advised before amendment to s103A Employment…
    Result:
    Application granted ; Reimbursement of lost wages ($8,750) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Edwards v Blakely Construction Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s failure to investigate incident and unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed…
    Result:
    Application granted (unjustified dismissal); Contributory conduct (20%); Reimbursement of lost wages ($4,200); Compensation for loss of benefit ($84)(KiwiSaver contribution); Interest (5%); Compensation for humiliation etc ($4,000); Disbursements in favour of applicant ($71.56)(filing fee); Application dismissed (unjustified disadvantage); Costs reserved
  • Food and Health Standards (2006) Ltd v Dunstan

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority - Authority rescinded previous non-publication order as no…
    Result:
    Consent order granted; Orders accordingly ; No order for costs
  • Adams v Hirequip Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for failing to report near miss safety incident – Authority found likely…
    Result:
    Application dismissed; Costs reserved
  • Blue v Graamans health Development Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant completed application for annual Practising Certificate by deadline – Whether applicant completed required credits as…
    Result:
    Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Recovery of monies ($500) ; Costs reserved
  • Turna v India House Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found more probable than not applicant worked on public holidays as claimed and…
    Result:
    Application granted; Arrears of wages ($748.44); Arrears of holiday pay ($6,819.55); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
    • 13 September 2012

    • [2012] NZERA Auckland 323

  • A v School Board of Trustees

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Application for interim reinstatement – Authority found applicant’s alleged conduct outside work environment not irrelevant in context of applicant’s role as teacher – Found arguable case applicant would…
    Result:
    Application dismissed; Costs reserved
  • Fisher v The Warehouse Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for breach of policies regarding use of staff discount and ‘rainchecks’ –…
    Result:
    Application dismissed; Costs reserved
  • Watson v Air New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Use of identity card to access security area for reasons other than applicant’s duties – Whether applicant…
    Result:
    Application dismissed ; Costs reserved
  • Brewer v Allied Investments Ltd t/a Allied Security

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Triangular employment relationship – Whether valid 90 day trial period – Whether applicant new employee – Whether applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($8,530.20) ; Compensation for humiliation etc ($5,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs