• Garner v Pearce Flooring Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Employment ended after two days – Whether applicant dismissed – Whether valid trial period – Use of…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Misiata v Chief Executive Department of Corrections

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found fair and reasonable employer would have found applicant assaulted offender (“S”) – Found respondent failed…
    Result:
    Application dismissed ; Costs reserved
  • Faitala & ANor v Terranova Homes & Care Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found important question of law likely to arise – Matter removed to EC – Caregivers
    Result:
    Application granted ; No order for costs
  • Hillman v SKL8 Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Determination of preliminary matter – Respondent claimed Authority lacked jurisdiction to consider applicant’s claim for loss of shares in respondent or to assess loss of shares on ‘fair…
    Result:
    Application partially granted; Costs reserved
  • Team Auto Centre (2004) Ltd v Beets

    M Ryan [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
  • Fotu and Anor v Crest Commercial Cleaning Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicants claimed respondent failed to comply with Part 6A Employment Relations Act 2000 (“ERA”) and claimed unjustifiably dismissed by respondent – Authority…
    Result:
    Applications granted; Reimbursement of lost wages ($2,193.75)(first applicant)($3,071.25)(second applicant); Interest (5%); Compensation for humiliation etc ($4,500)(first applicant)($4,500)(second applicant); Costs in favour of applicants ($1,000); Disbursements in favour of applicants ($71.56)(filing fee)
  • Parry-Cooke v Wealth Works Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by dismissal – Applicant claimed unjustifiably dismissed by respondent – Failure to maintain confidentiality of information –…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (100%) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Nathan-Bristow v Mana Internationald Ltd t/a Kawakawa Four Square

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Discrimination – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed discriminated against on basis of union membership – Applicant claimed unjustifiably disadvantaged by respondent’s unilateral reduction of applicant’s…
    Result:
    Applications granted; Reimbursement of lost wages ($4,875); Compensation for humiliation etc ($5,500); Penalty – failure to provide employment agreement ($200)(payable to Crown)($300)(payable to applicant); Penalty – failure to provide wage and time records ($100)(payable to Crown)($200)(payable to applicant); Costs reserved
  • Stirling v City Towing NZ (2010) Ltd t/a Porirua City Towing

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Authority found even if applicant given draft employment agreement (“EA”) prior to employment commencing, terms of EA incomplete…
    Result:
    Application granted ; Reimbursement of lost wages ($11,050) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Smith v Heinz Wattie's Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time - Applicant gave credible reason why did not raise grievance immediately after dismissal - Authority found applicant…
    Result:
    Application granted ; Costs reserved