• Clapham v Alexander & Co Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed on ground of redundancy – Authority found predominant reason for dismissal respondent’s anxiety…
    Result:
    Application granted; Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($12,000); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved
  • Crisp v PMP Print Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed on ground of redundancy – Authority found night shift positions different from day…
    Result:
    Application granted; Compensation for humiliation etc ($5,000); Costs reserved
  • Vallance v Nelson Brak Services Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Authority found respondent had no idea purporting to change nature of contractor arrangement between parties and mistaken execution of two completely…
    Result:
    Application dismissed; Costs reserved
  • Hillary v NZ Shopping.com Company Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Authority found applicant did not resign – Found alternatively, if applicant resigned during incident respondent expected to allow…
    Result:
    Applications granted ; Reimbursement of lost wages ($5,107.12) ; Compensation for humiliation etc ($8,000) ; Arrears of wages and holiday pay ($3,114.30) ; Costs reserved
  • Cox v Silver Ferns Farms Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Half day investigation meeting - Respondent sought $4,000 contribution towards costs - Respondent made Calderbank offer - Respondent claimed costs should be increased as…
    Result:
    Costs in favour of respondent ($2,000)
  • Thompson v Advanced Training Academy Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Authority found respondent’s managing director’s (“H”) failure to…
    Result:
    Application granted (arrears of wages); Arrears of wages ($1,949.60); Applications dismissed (unjustified dismissal)(unjustified disadvantage); Costs reserved
  • Taylor v Clear Investments Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant’s lack of set hours, irregularity of hours worked, content of employment agreement…
    Result:
    Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Savage v Tui Campers Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably disadvantaged by respondent’s response to applicant’s complaint and constructively dismissed by respondent - Authority found applicant only raised one…
    Result:
    Application dismissed ; Costs reserved
  • McClintock v Allied Investments Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance and unsuccessful counterclaim - Length of investigation meeting not specified - Respondent sought $13,367 contribution towards costs - Applicant claimed respondent should incur costs involved…
    Result:
    Costs in favour of respondent ($2,700)
  • Darroch Ltd v Chisnall

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement (“EA”) – Authority found files taken by respondent contained proprietary information and provision in EA that respondent…
    Result:
    Application granted (penalty); Penalty $3,000 (payable to applicant); Application dismissed (breach of contract); Costs reserved