• Selwyn v Edwards Drainage Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Authority found no evidence applicant’s status changed – Found applicant employee – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed…
    Result:
    Applications granted; Reimbursement of lost wages ($2,607); Contributory conduct (15%); Compensation for humiliation etc ($3,400); Arrears of wages ($484); Arrears of holiday pay ($3,025.44); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Te Anni v Mills Road Freight Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Authority found respondent failed to comply with previous Authority determination – Compliance ordered – Authority ordered payment by instalments…
    Result:
    Application granted (compliance order); Compliance ordered; Application dismissed (penalty); Contribution towards applicant’s costs included in compliance order
  • Brodie-Bell v Katikati Family Dental Centre Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed – Authority found respondent’s written warning did not identify how applicant could improve performance…
    Result:
    Application granted ; Contributory conduct (40%) ; Compensation for humiliation etc ($1,200) ; Reimbursement of lost wages ($1,872) ; Costs reserved
  • New Zealand Post Primary Teachers Association v Secretary for Education & Anor

    A Dumbleton [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) - Applicant sought removal of matter to Employment Court on grounds important question of law likely to arise…
    Result:
    Application dismissed ; Costs reserved
  • Taylor v Barlow Justice Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties have reached agreement regarding costs - Terms of agreement to be orders of authority
    Result:
    Consent order granted; Orders accordingly
  • Higson v Downer New Zealand Ltd t/a Downer

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Applicant assaulted employee of respondent’s client – Authority found was close nexus between applicant’s conduct outside…
    Result:
    Application dismissed ; Costs reserved
  • Hohepa-Smale v Te Rakau O Te Wao Tapu Trust Inc

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – UNJUSTIFIED DISADVANTAGE: Applicant claimed unjustifiably disadvantaged by respondent’s treatment of applicant, respondent breached parties’ employment agreement (“EA”) and good faith obligations and sought redundancy compensation in…
    Result:
    Application granted (arrears of wages) ; Arrears of wages ($39,038.46) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Pure New Zealand Foods Ltd v Prakash

    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
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • O'Connor v Auckland Kindergarten Association

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Authority found letter from applicant’s advocate to respondent did not raise personal grievance and merely sought further information about…
    Result:
    Application dismissed ; Costs reserved
  • Mohammed v Pro Auto Panel and Paint Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Authority found applicant employed by respondent – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Found applicant summarily…
    Result:
    Applications granted (practice and procedure)(unjustified dismissal)(arrears of wages)(penalty)(breach of employment agreement); Reimbursement of lost wages ($1,800); Compensation for humiliation etc ($4,000); Arrears of wages ($2,700); Interest (5%); Penalty ($500)(payable to Crown); Application dismissed (penalty)(failure to provide written employment agreement); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71.56)(filing fee)