• Ross v Lazer Tech 2005 Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Authority found although parties’ EA stated employment casual, relationship became permanent and applicant not casual employee when…
    Result:
    Applications granted (unjustified dismissal and recovery of monies) ; Reimbursement of lost wages ($18,275.30) ; Interest (5%) ; Compensation for humiliation etc ($6,000) ; Recovery of monies ($449) ; Application dismissed (arrears of holiday pay) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Furgo PMS Pty Ltd & Pavement Services Ltd v Tinkler

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Removal of Compliance Order to Employment Court - Length of investigation meeting not specified - Applicant sought $906 contribution towards costs - Authority found applicant's consent to Removal…
    Result:
    Costs in favour of applicant ($900); Disbursements in favour of applicant ($153.33)(filing fee)
  • McClung v Fencing Worx (BOP) Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed and disadvantaged by respondent’s actions – Authority found fair and reasonable employer would have commenced disciplinary process and…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (33%) ; Reimbursement of lost wages ($2,232) ; Compensation for humiliation etc ($4,000) ; Applications dismissed (unjustified disadvantage, raising personal grievance and arrears of wages) ; Costs reserved
  • Lloyd v AV Services (1994) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for adjournment – Applicant sought adjournment on basis respondent had presented large number of documents at investigation meeting without opportunity for applicant to view documents…
    Result:
    Application granted; Orders made; Costs in favour of applicant ($700); Disbursements in favour of applicant ($1,193.30)(travel and accommodation)
  • McDonald v Lakes District Museum Inc

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Whether accord and satisfaction – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed parties had settled all issues and applicant estopped from pursuing personal grievance…
    Result:
    Application granted ; Costs reserved
  • Hemara v Director General Department of Conservation

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to offer applicant work and attempt to reduce applicant’s work hours – Applicant claimed…
    Result:
    Applications granted; Reimbursement of lost wages (parties to determine quantum)(unjustified disadvantage); Compensation for humiliation etc ($3,000) (unjustified disadvantage and unjustified dismissal); Costs reserved
  • Malone v The Farmers Trading Company Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent and respondent breached good faith obligations – Authority found respondent acted as reasonable employer and in timely manner when…
    Result:
    Application dismissed ; Costs reserved
  • Costain v The Warehouse Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondents actions - Authority found respondent unjustifiably disadvantaged applicant by threatening performance review - REMEDIES - No contributory conduct - $5,000 compensation…
    Result:
    Application granted (unjustified disadvantage); Compensation for humiliation etc ($5,000); Application dismissed (unjustified dismissal); Costs reserved
  • Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant dismissed – Found respondent attempted to consult with applicant but applicant mistakenly believed employment already…
    Result:
    Applications dismissed ; Costs reserved
  • Chang v Welldone Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or volunteer – Authority found applicant engaged as volunteer initially – Found applicant became employee under employment agreement signed by wife of respondent’s director –…
    Result:
    Applications granted; Arrears of wages ($4,120); Arrears of holiday pay ($329.60); Interest payable (5%); Costs reserved