• Ward v Tech Brands Pacific Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant independent contractor – Applicant managed respondent’s new branch, opened and closed office, and supervised staff – Respondent claimed employment…
    Result:
    Application granted (arrears of wages and holiday pay); Arrears of wages ($10,307.69); Arrears of holiday pay ($970.77); Interest payable (5%); Application dismissed (unjustifiable dismissal); Costs reserved
  • Allbon v Nicholson Racing Stables Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Applicant claimed unjustifiably dismissed by respondent - Applicant acknowledged personal grievance raised outside 90 day period…
    Result:
    Application granted; Costs reserved
  • Kellerman v Trade Staff Group Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed by respondent – Applicant employed on casual basis – Applicant assigned to respondent’s client (“C”) to cover…
    Result:
    Application dismissed; Costs reserved
  • Callender v Transport (Waimate) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought contribution towards costs reflecting applicant's means - Applicant claimed costs award not appropriate as legally…
    Result:
    Costs to lie where they fall
    • 20 April 2012

    • [2012] NZERA Christchurch 72

  • Schriffer v First Security Guard Services Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant supervised prisoner (“X”) during court appearance – X made abusive comments to public gallery – Applicant…
    Result:
    Application dismissed; Costs reserved
    • 20 April 2012

    • [2012] NZERA Auckland 140

  • Van der Heijden v Trelise Cooper International Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by unilateral reduction of hours – Applicant claimed unjustifiably dismissed by respondent - Applicant’s hours reduced –…
    Result:
    Applications granted; Contributory conduct (30%); Reimbursement of lost wages ($3,003); Compensation for humiliation etc ($4,200); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Mallia v New Zealand Van Lines Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant used respondent vehicle for personal use without authorisation – Respondent issued first written warning…
    Result:
    Application granted ; Contributory conduct (75%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($1,250) ; Costs reserved
  • Te Huia v South Pacific Meats Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed dismissal justified as applicant gave positive drug test – Applicant union representative – Respondent claimed…
    Result:
    Application granted ; Reimbursement of lost wages ($5,100) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Wilson v Drinnan Engineering Ltd & Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to join second respondent (“F”) to proceedings - Applicant claimed under first respondent (“D”) instruction and paid by D but worked for F – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Bowler v IRB Realty Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant took two periods of sick leave - Respondent told applicant must be at work on specified…
    Result:
    Application granted; Reimbursement of lost wages ($5,906.25); Compensation for humiliation etc ($5,000); Costs reserved