• Chalmers v Physical Therapy Nelson Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent’s failure to honour sponsorship agreement breach of duty – Found respondent’s placement of applicant…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages); Reimbursement of lost wages ($14,755.02); Compensation for humiliation etc ($10,000); Arrears of wages ($4,375); Interest payable (5%); Applications dismissed (penalty)(counterclaim)(breach of contract – penalty)(restraint of trade); Costs reserved
  • Chen v New Home Group Ltd & Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant sought arrears of wages and holiday pay – Unclear which respondent engaged applicant – Respondents claimed applicant independent contractor – Applicant…
    Result:
    Application dismissed; Costs reserved
  • Irvine V Wallace & Cooper Ltd

    A Dumbleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant called respondent’s managing director (“C”) to raise concerns about not receiving pay – Applicant claimed C…
    Result:
    Application granted; Reimbursement of lost wages ($75,000); Compensation for humiliation etc ($19,000); Costs reserved
  • Robb v Transfield

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - One and a half day investigation meeting -Applicant sought full indemnity costs of $20,110 - Respondent sought $10,000 contribution towards costs - Respondent…
    Result:
    Costs to lie where they fall
  • Bain v Air Parking Management Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent operated ‘don’t touch’ rule for drivers of customers’ cars – Applicant spoken to twice about tampering…
    Result:
    Application dismissed; Costs reserved
  • Golder v Jamor Holdings Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Authority found ability of respondent to pay matter for applicant to pursue – Compliance ordered
    Result:
    Application granted; Compliance ordered; No order for costs
  • Duffy V Hebberds Bus Services 2009 Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority noted delay in issuing determination due to Christchurch earthquake – Applicant drove buses during school year –…
    Result:
    Application granted; Contributory conduct (50%); Reimbursement of lost wages ($1,440); Compensation for humiliation etc ($2,000); Costs reserved
  • Hose v Webb

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant received letter from respondent summonsing applicant to disciplinary meeting – Respondent informed applicant of general concerns – Respondent…
    Result:
    Application granted; Compensation for humiliation etc ($900); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved
  • MacDonald v The Optimum Clothing Company Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant's position made redundant and applicant dismissed - One month later applicant's former position advertised on part time basis…
    Result:
    Application granted; Costs reserved
  • Sari v Brelita Foods Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found no provision in employment agreement for termination of employment without payment of…
    Result:
    Application granted; Arrears of wages ($1,323); Arrears of holiday pay ($267.12); Disbursements in favour of applicant ($71.50)(Filing fee); Costs reserved