• Here v McAlpine Hussmann Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution towards total costs of $6,438 - Authority found contribution towards respondent's actual costs reasonable - Applicant…
    Result:
    Costs in favour of respondent ($3,500)
  • Bauer v Armourguard Security Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide applicant with security training – Authority found respondent took ‘active steps’ to provide training – Found training readily…
    Result:
    Application dismissed; Costs reserved
    • 26 July 2012

    • [2012] NZERA Wellington 85

  • Taylor v Barlow Justice Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Authority found fundamental test favoured contract of service relationship - Found evidence overall showed applicant employee - UNJUSTIFIED DISMISSAL -…
    Result:
    Application granted(jurisdiction and unjustified dismissal) ; Reimbursement of lost wages ($8,480.31) ; Compensation for humiliation etc ($8,000) ; Application dismissed (arrears of wages and holiday pay) ; Costs reserved
  • Corbett v UDP Shopfitters Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Racial Harassment – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to prevent bullying and abuse of applicant – Applicant claimed unjustifiably…
    Result:
    Applications granted; Reimbursement of lost wages ($3,161); Compensation for humiliation etc ($10,000); Orders made; Costs reserved
  • Andrews v Talleys Group Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent’s actions - Applicant claimed respondent breached good faith obligations and sought penalty…
    Result:
    Applications granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Applications dismissed (unjustified dismissal, good faith and penalty) ; Costs reserved
  • Sinton v Burns & Ferrall Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent’s actions – Authority found applicant unaware could be dismissed and not given information…
    Result:
    Applications granted (unjustified dismissal, arrears of wages and costs) ; Reimbursement of lost wages ($15,530) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($5,000) ; Application dismissed (unjustified disadvantage) ; Costs in favour of applicant ($1,750)
  • Longstaff v Profinish Panel and Paint Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed unjustifiably dismissed and sought arrears of wages and holiday pay - Authority found applicant did…
    Result:
    Applications granted (arrears of wages and holiday pay and unjustified dismissal) ; Arrears of wages ($700) ; Arrears of holiday pay ($56) ; Contributory conduct (100%) ; Costs reserved
  • Healthcare of New Zealand Ltd v Capital & Coast District Health Board and Ors

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether Authority had jurisdiction to hear with second and third respondents’ claim – Second and third respondents claimed dispute action arising from or related to employment relationship –…
    Result:
    Application dismissed; Costs reserved
  • AG Walters Ltd v Pouwhare

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – Authority found respondent unlikely to comply with SA unless compliance order made – Compliance ordered – Interest payable on…
    Result:
    Applications granted; Compliance ordered; Interest (5%)(instalments outstanding under settlement agreement); Penalty ($1,000)(payable to applicant); Costs in favour of applicant ($600); Disbursements in favour of applicant ($71.56)(filing fee)
  • Taiapa v Te Runanga O Turanganui A Kiwa t/a Turanga Ararau Private Training Establishment

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for misuse of sick leave discovered after photo posted on social media…
    Result:
    Application dismissed; Costs reserved