• 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
  • Dr Millichamp v Vice-Chancellor University of Otago

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    GOOD FAITH – Applicant claimed respondent’s employee confirmation process breached respondent’s good faith obligations - Authority noted delay in issuing determination due to Christchurch earthquake – Applicant’s employment subject to…
    Result:
    Application granted ; Leave reserved to determine quantum of remedies ; Costs reserved
  • Rapaea v Radius Residential Care Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s decision applicant should remain on unpaid sick leave – Applicant claimed respondent kept applicant on sick leave when had medical clearance…
    Result:
    Application granted ; Reimbursement of lost wages ($1,335.36) ; Compensation for humiliation etc ($5,000) ; Costs reserved
    • 04 April 2012

    • [2012] NZERA Wellington 34

  • Rangihaeata v New Zealand Wood Lot Harvesters

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Rimene v Doherty & Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether employee or independent contractor - PRACTICE AND PROCEDURE – Identity of employer – Applicant first employed by first respondent (“D”) as casual employee – Second respondent (“NGL”)…
    Result:
    Applications granted (jurisdiction, practice and procedure and arrears of holiday pay) ; Arrears of holiday pay ($7,497.60) ; Applications dismissed (arrears of wages and raising personal grievance) ; Costs reserved
    • 04 April 2012

    • [2012] NZERA Wellington 32

  • Green v C3 Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant requested mechanic conduct inspection of vehicle - Applicant did not check with mechanic after inspection and…
    Result:
    Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($9,969.41) ; Compensation for humiliation etc ($4,800) ; Costs reserved
  • Waldman v University of Canterbury

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought further adjournment as overseas when investigation meeting rescheduled - Applicant previously sought compliance with parties’ settlement agreement – Applicant requested investigation meeting delayed as…
    Result:
    Application dismissed ; Costs reserved
  • Hume v Piefection Foods Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant contractor - No appearance for respondent as claimed costs too high – Authority found appropriate to proceed with investigation…
    Result:
    Applications granted (jurisdiction, unjustified dismissal and arrears of wages and holiday pay) ; Reimbursement of lost wages ($10,140) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($1,350) ; Arrears of holiday pay ($464.40) ; Interest (5%) ; Application dismissed (penalty) ; Costs reserved
  • Chan v G S McLauchlan & Co

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought to reopen investigation – Applicant previously claimed unjustifiably dismissed by respondent – No appearance for applicant at previous investigation meeting and Authority found applicant’s…
    Result:
    Application dismissed ; No order for costs