• Farmer's Transport Ltd v R Hislop and Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - RESTRAINT OF TRADE – Applicant sought interim injunction restraining first respondent (H") from breaching parties’ restraint of trade - Authority found balance of convenience favoured applicant due to…
    Result:
    Application granted ; Costs reserved
  • Retire v Southern Paprika Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s decision to warn applicant and unjustifiably dismissed by respondent – Authority found respondent not able…
    Result:
    Applications granted; Reinstatement ordered; Contributory conduct (one twelfth – reimbursement of lost wages)(10 per cent – compensation for humiliation etc); Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($4,500); Costs in favour of applicant ($3,500); Disbursements in favour of applicant ($71.56)(filing fee)
  • Rian v Martin Personnel Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Authority found applicant entitled to bonus payment – Found respondent’s deduction from bonus payment unlawful under Wages Protection Act 1983…
    Result:
    Application granted; Arrears of wages ($2,500); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Dewar v Programmed Maintenance Services (NZ) Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Authority found inadequate performance management over targets by respondent - Found concerns over inadequate safety measures not…
    Result:
    Application granted; Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($5,000); Compensation for loss of benefit (Kiwisaver and health insurance)(parties to determine quantum)(Company car and petrol card)($4,000); Costs reserved
  • Martin v Easy Mind Waikato Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Respondent sought compliance with costs agreement – Authority found sufficient evidence of agreement between applicant and respondent that applicant to pay respondent $1,250 contribution towards costs –…
    Result:
    Application granted; Compliance ordered; No order for costs
  • Simpson v Tenix Alliance New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of parties’ employment agreement (“IEA”) – Applicant claimed respondent attempted to assign applicant to new position (“X”) in breach of parties’ IEA - Authority found applicant current…
    Result:
    Application granted ; Costs to lie where they fall
  • Hynes v The Home Centre Ltd t/a Marlborough Mite 10 Mega

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant's redundancy genuine -Consultation process adequate - Applicant chose not to participate in consultation and sought…
    Result:
    Application dismissed; Costs reserved
  • Green v Enviro Waste Services Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent’s decision to restructure genuine business decision – Found no substantially similar positions for respondent to…
    Result:
    Application dismissed; Costs reserved
  • Irvine v Wallace & Cooper Ltd

    A Dumbleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - Length of investigation meeting not specified - Parties agreed by joint memorandum to fixed costs of $7,000 to be paid to applicant -…
    Result:
    Costs in favour of applicant ($7,000)
  • Phoenix Cabs 2006 Ltd v Artho

    D King [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s failure to exercise reasonable skill and care – Authority found respondent breached employment agreement by failing to exercise reasonable skill and…
    Result:
    Application granted; Damages ($11,225.13); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs