• PFP Management Ltd v Liang

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to vary consent order - Respondent sought to vary deadline for information to be provided to applicant - Authority found applicant likely to be prejudiced…
    Result:
    Application dismissed; Costs reserved
  • Broughton v Portage Licensing Trust

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Authority found reasonable for respondent to conclude applicant's conduct breached liquor and gambling laws and put respondent's…
    Result:
    Application dismissed; Costs reserved
  • Yu v The Commissioner of Police

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful raising personal grievance, personal grievance, breach of contract and good faith claims – Two and a half days investigation meeting – Respondent sought $30,960 indemnity costs –…
    Result:
    Costs in favour of respondent ($15,000) ; Disbursements in favour of respondent ($5,387)
  • Wilkinson Insurance Brokers Ltd v Allan and Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    RESTRAINT OF TRADE – Applicant sought order respondents comply with restraint of trade agreement between applicant and first respondent – Authority found restraint reasonable and first respondent breached restraint –…
    Result:
    Application granted (restraint of trade); Application dismissed (penalty); Costs reserved
  • Restaurant Brands Ltd v Bond

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful claim - Length of investigation meeting not specified - Applicant sought $10,000 indemnity costs - Authority found case not exceptional and no reason to depart from notional…
    Result:
    Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56) (filing fee)
  • Ahipene v The Chief Executive of the Department of Labour

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Authority found applicant’s employment must be with same employer – Found no…
    Result:
    Application dismissed; No order for costs
  • Gomez v Sub 5 Private Security Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Authority found respondent did not act as fair and reasonable employer accepting applicant's resignation without allowing for…
    Result:
    Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages $2,081.52 ; Compensation for humiliation etc ($1,600) ; Costs reserved
  • Tompkins v Constructa Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court – Authority found matter involved factual disputes rather than questions of law – Found Authority equipped to deal with complex…
    Result:
    Application dismissed; Costs reserved
  • Chow v TDA Immigration and Student Services Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Authority found substantial procedural defects in respondent's investigation - Found applicant not advised discussion about performance disciplinary…
    Result:
    Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($8,788.04) ; Compensation for humiliation etc ($4,000) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Williams v Auckland Ace Monograms Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed and disadvantaged by respondent's actions - Authority found little evidence suggesting respondent told applicant to resign or would be dismissed…
    Result:
    Application dismissed ; Costs reserved