• 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
  • Rapson v Ashburton Hospitality Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Matter determined on papers - SA provided respondent would pay applicant compensation and contribution towards applicant’s costs after…
    Result:
    Applications granted ; Compliance ordered ; Interest (5%) ; Penalty ($5,000)($3,000 payable to applicant)($2,000 payable to Crown) ; Costs reserved
  • Hinde v Chien t/a Mr Bon Bakery and Espresso

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant took leave due to injuries caused by accident at home – After medical certificate expired applicant told…
    Result:
    Applications granted ; Reimbursement of lost wages ($4,500) ; Compensation for humiliation etc ($2,250) ; Arrears of wage ($490) ; Costs to lie where they fall
  • Tupe v Cunningham

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Applicant employed to care for respondent’s wife (“X”) in respondent’s home – Respondent failed to file statement…
    Result:
    Application granted(unjustified dismissal) ; Contributory conduct (70%) ; Compensation for humiliation etc ($600) ; Application dismissed(penalty); Costs reserved
  • Cutter v Wellington City Transport Ltd t/a Go Wellington

    R Arthur [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Applicant driving bus when collided into skip bin – Applicant suspended and investigation commenced – Respondent operations…
    Result:
    Application dismissed ; Costs reserved
  • Pillidge & Anor v Byrne & Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicants claimed unjustifiably dismissed by respondents – Applicants' employment agreements (“EA”) stated fixed terms ended when milking season ended – Applicants’ employment continued for…
    Result:
    Applications dismissed ; Costs reserved
  • Schrijvers v Stephanie Bonner t/a Woman Hair Salon

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant raised numerous employment relationship problems against respondent – Respondent claimed Authority had no jurisdiction to hear claims as applicant not employee…
    Result:
    Application granted ; Costs reserved
  • McGregor v Waimakariri District Council

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant not dismissed as casual employee – Parties’ employment agreement (“EA”) stated applicant’s position casual –…
    Result:
    Applications granted (unjustified dismissal and arrears of holiday pay) ; Reimbursement of lost wages ($2,924.10) ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay (quantum to be determined if applicable) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Zhang v Johnson Group NZ Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful grievance – Half day investigation meeting – Respondent sought $4,000 contribution to costs – Respondent claimed applicant’s claim unmeritorious and vexatious because Authority preferred evidence which suggested…
    Result:
    Costs in favour of respondent ($2,750)
  • Enright v Nemea Holdingd Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought unpaid sick leave – Respondent claimed applicant had already received all wage entitlements – Applicant was permanent employee but employed on-call on roster basis…
    Result:
    Application dismissed ; Costs to lie where they fall