• Wright v V Farms Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant employed on fixed term and employment came to end upon expiry of fixed term –…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($3,500) ; Application dismissed (arrears of wages) ; Costs reserved
  • Devine v UGP Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – Applicant claimed $1,206 arrears of holiday pay remained outstanding – Parties’ SA provided that respondent would pay applicant all…
    Result:
    Application granted ; Compliance ordered (partially) ; Interest (5%) ; Costs reserved
  • Harris v Fonterra Co-Operative Group Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought $3,942 contribution towards costs including travel costs – Respondent denied parties had agreement that $2,000 appropriate daily…
    Result:
    Costs in favour of respondent ($3,000)
  • Murphy v Stella Travel Services (NZ) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PARENTAL LEAVE – UNJUSTIFIED DISMISSAL - Redundancy – Applicant claimed redundancy after returned from parental leave breached respondent’s (Stella Travel Services obligation under s41 Parental Leave and Employment Protection…
    Result:
    Application granted (parental leave and unjustified dismissal) ; Contributory conduct (50%) ; Compensation for humiliation etc ($7,500) ; Application dismissed (penalty) ; Costs reserved
  • Miller v Cambridge Painters (2008) Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent offered painting job at customer (“L”) premises – L told respondent director (“S”) did not want…
    Result:
    Application granted (unjustified dismissal); Contributory conduct (50%) ; Reimbursement of lost wages ($960) ; Application dismissed (arrears of wages and holiday pay) ; Costs to lie where they fall
  • Murray v Intuto Ltd and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether Authority had jurisdiction to deal with applicant’s claim - COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Applicant claimed had agreed to voluntary…
    Result:
    Application dismissed ; No order for costs
  • Massie v Ong t/a Pharmacy 72

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant’s duties included serving customers and delivering prescriptions to customers – Applicant claimed parties did not discuss…
    Result:
    Application granted ; Reimbursement of lost wages ($540) ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Narayan v Piero Damosso t/a Al Ponte Italiano Restaurante

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant’s redundancy genuine but acknowledged did not consult with applicant before made decision – Respondent had…
    Result:
    Application granted ; Reimbursement of lost wages ($1,800) ; Compensation for humiliation etc ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Naidu v Radius Residential Care Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – UNJUSTIFIED DISADVANTAGE – Discrimination – Applicant claimed unjustifiably dismissed by respondent and respondent discriminated against applicant because of applicant’s involvement with union – Respondent…
    Result:
    Application granted ; Contributory conduct (100%) ; Costs reserved
  • Duffy v The Radio Network Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – Applicant sought payment of bonuses when transferred – Respondent claimed applicant only transferred temporarily and applicant’s usual bonus targets not met – Parties’ employment agreement (“EA”)…
    Result:
    Application dismissed ; Costs reserved