• Priest v Johnstons Coachlines Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s suspension of applicant and unjustifiably dismissed by respondent – Authority found applicant suspended without opportunity…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal); Contributory conduct (65%); Reimbursement of lost wages ($7,530.75)(unjustified disadvantage)($4,761.58)(unjustified dismissal); Interest (5%); Compensation for humiliation etc ($3,000)(unjustified disadvantage)($2,800)(unjustified dismissal); Application dismissed (arrears of wages); Costs reserved
  • Jarvis v T H Enterprises Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $10,795 indemnity costs and claimed behaviour of applicant's representative increased costs - Authority found costs incurred…
    Result:
    Costs in favour of respondent ($1,500)
  • McAlevey v Molyneux Park Charitable Trust

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Authority found Applicant’s performance not so poor to justify truncated warning process – Found applicant did not…
    Result:
    Application granted; Reimbursement of wages (parties to determine quantum); Compensation for humiliation etc ($10,000); Costs reserved
  • O'Brien v Holer New Zealand Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - Half day investigation meeting - Applicant sought $7,318 contribution towards costs - Applicant made $6,500 Calderbank offer - Respondent claimed Calderbank offer…
    Result:
    Costs in favour of applicant ($3,000); Disbursements in favour of applicant ($71.56)(filing fee)
  • Cook v Magnummac Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay increased remuneration and failure to act in good faith – Applicant claimed…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(arrears of wages and holiday pay); Reimbursement of lost wages $9,230.77; Compensation for humiliation etc ($10,000); Arrears of wages ($27,020.23); Interest (5%); Arrears of holiday pay ($2,161.18); Application dismissed (penalty); Costs reserved
  • Labour Inspector Duff v Anne Paringatai t/a Physioplus

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - PENALTY – Applicant sought compliance order that respondent provide wage, time and holiday records and relevant penalty - Authority found $2,000 penalty appropriate for respondent’s failure…
    Result:
    Application granted ; Compliance ordered ; Penalty ($2,000)(payable to applicant)
  • Craig v St George International Group Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Authority found respondent principal’s decision to take on teaching role critically impacted number of teachers who could be…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages (parties to determine quantum) ; Compensation for humiliation etc ($5,500) ; Costs reserved
  • Gallagher v Auckland Packaging Company Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $7,500 contribution towards costs - Respondent made Calderbank offer to change records to show applicant resigned…
    Result:
    Costs in favour of respondent ($4,500)
  • The Service & Food Workers Union Nga Ringa Tota Inc v Sanford Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    BARGAINING – Application for reference to facilitation on ground bargaining had become unduly protracted – Authority found even if correspondence taken into account, parties had not made extensive efforts to…
    Result:
    Application dismissed ; Costs reserved
  • Richards v Mainline Music Ltd t/a Music Planet, Nelson

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent – Authority found respondent manager’s (“K”) behaviour relating to applicant reaching sales targets and K’s advice applicant’s job…
    Result:
    Applications dismissed ; Costs reserved