• Hartung v McKay Electrical Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Applicant and recruitment agency principal (“M”) disputed whether M stated that applicant’s airfare would be paid by respondent – Respondent…
    Result:
    Applications dismissed ; Costs reserved
  • Stewart v Ashtar NZ Ltd and Ors

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by first respondent (“A”) – No appearance for A – Applicant existing employee…
    Result:
    Applications granted ; Reimbursement of lost wages including arrears of wages and holiday pay ($3,097.85) ; Interest (5%) ; Compensation for humiliation etc ($8,000) ;;Penalty ($1,500)(Payable to Crown by first respondent) ($1,500)(Payable to applicant by first respondent) ($750)(Payable to Crown by second respondent) ($1,750)(Payable to applicant by second respondent) ($750)(Payable to Crown by third respondent) ($1,750)(Payable to applicant by third respondent) ; Costs in favour of applicant (relating to costs incurred by applicant due to respondent’s withdrawn counter claim) ($17,000) ; Costs reserved (relating to applicant’s claim)
  • New Zealand Nurses Organisation (Inc) v Ahipara Health and Resource Trust and Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    BARGAINING – Application for reference to facilitation – Applicant initiated bargaining for primary healthcare multi employer collective agreement (“MECA”) – Applicant and number of respondents reached agreement for separate and…
    Result:
    Application granted ; Costs reserved
  • Chalmers v Physical Therapy Nelson Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to join parties to proceedings – First respondent (“P”) sought to join firm of solicitors instructed by applicant (“M”) and company which applicant had interest…
    Result:
    Application dismissed (practice and procedure) ; Application granted (raising personal grievance) ; Costs reserved
  • Bartholomew and Ors v BNJ Sports Company Ltd t/a Harbour Fitness

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought unpaid wages and holiday pay – No appearance for respondent – Authority satisfied substituted service requirements met and applicant had notice…
    Result:
    Applications granted (arrears of wages and holiday pay) ; Arrears of wages ($784)(first applicant) ($245)(second applicant) ($697)(fourth applicant) ($2,184.90)(fifth applicant) ($640)(sixth applicant) ($970)(seventh applicant) ($307.50)(eighth applicant) ($640)(ninth applicant) ($384)(twelfth applicant) ($211.25)(thirteenth applicant) ($271.75)(fourteenth applicant) ; Arrears of holiday pay ($3,434.40)(first applicant) ($1,123.36)(second applicant) ($4,352.77)(fourth applicant) ($3,240.38)(fifth applicant) ($1,635.82)(sixth applicant) ($2,382.70)(seventh applicant) ($1,143)(eighth applicant) ($3,856.24)(ninth applicant) ($2,183.40)(tenth applicant) ($302.61)(eleventh applicant) ($1,968.17)(twelfth applicant) ($325.74)(thirteenth applicant) ($2,055.90)(fourteenth applicant) ; No order for costs ; Disbursements in favour of applicants ($71.56)(filing fee)
  • Macfarlane v Dutch Village Trust

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful penalty claim – Half day investigation meeting – Respondent sought $21,778 full costs – Respondent claimed full costs appropriate due to rejected without prejudice offers – Authority…
    Result:
    Costs in favour of respondent ($750)
  • Bannister v Top Notch Products Ltd t/a Thoroughbred Floats

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant failed to appear for work and abandoned employment - Applicant claimed was at work and…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($5,000) ; Compensation for humiliation etc ($4,000) ; Applicant dismissed (penalty) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Wilson v Nuku

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant claimed was employee of second respondent and sought arrears of holiday pay – Respondent claimed applicant was independent contractor –…
    Result:
    Application dismissed ; No order for costs
  • Shanmuganathan v Powernet Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant used respondent’s resources for significant number of personal emails and calls – Parties’…
    Result:
    Application granted ; Costs reserved
  • Dixon v Marlborough Kindergarten Association Inc

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Application to prevent respondent proceeding with proposed restructure – Respondent board set up meetings with management team regarding overlap of roles – Respondent board proposed new position of…
    Result:
    Application dismissed ; Costs reserved