• Lucas v Ultimate Care Group Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent failed to provide applicant with all relevant material – Found respondent misled applicant about…
    Result:
    Application granted; Contributory conduct (10%); Reimbursement of lost wages ($2,010.63); Interest payable (5%); Compensation for humiliation etc ($9,000); Costs reserved
  • Vlug v Asnet Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Half day investigation meeting - Respondent sought $5,000 contribution towards costs - Authority found applicant's conduct during investigation contributed to respondent's costs - Applicant…
    Result:
    Costs in favour of respondent ($2,500)
  • Craig v Direct Freight Ltd

    D King [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant continued to work for respondent in Christchurch and did not abandon employment – Found applicant…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages and holiday pay)(penalty)(failure to supply wage and time records); Compensation for humiliation etc ($5,000); Arrears of wages ($2,880); Arrears of holiday pay ($1,924.80); Interest (5%); Penalty ($5,000)($2,500 payable to Crown)($2,500 payable to applicant); Applications dismissed (recovery of monies)(penalty)(failure to provide statement of reasons for dismissal within 14 days)(penalty)(breach of good faith); Costs reserved
  • Kentish v D C M Roofing Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent’s failure to pay ACC compensation on time, give ACC correct information or…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages ($3,686) ; Compensation for humiliation etc ($1,500) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Timu v Te Runanaga O Kirikiriroa Trust Inc

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant had difficulty maintaining appropriate boundaries with clients and fair and reasonable for respondent to…
    Result:
    Application dismissed ; Costs reserved
  • Sharma & Anor v Veolia Transport Auckland Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – COMPLIANCE ORDER - Interpretation of parties’ collective employment agreement (“CEA”) – Applicants claimed respondent’s refusal to pay first applicant (S") additional paid sick leave breached parties’ collective employment…
    Result:
    Applications declined ; Costs reserved
  • Shoebridge v Parakai Motordrome 2009 Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent adopted fair and reasonable process and consulted applicant about respondent’s financial difficulties – Found…
    Result:
    Applications dismissed ; Costs reserved
  • Smith v Progressive Enterprises Ltd

    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
  • O'Connell v Consortium Construction Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant not given details of allegation or opportunity to respond to allegation – Dismissal unjustified…
    Result:
    Applications granted (unjustified dismissal)(penalty); Contributory conduct (50%); Reimbursement of lost wages ($6,750); Compensation for humiliation etc ($6,000); Penalty ($1,000)(payable to applicant); Application dismissed (arrears of wages and holiday pay); Costs reserved
  • McClintock v Allied Investments Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant possibly had sense of unease about proposed restructure but respondent’s words and actions did…
    Result:
    Applications dismissed; Costs reserved