• Cornes v Newmont Waihi Gold Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant notified respondent’s plant manager (“H”) that employee (“B”) had reported for work intoxicated – H decided…
    Result:
    Applications dismissed ; Costs reserved
  • Philpott v ANZ National Bank Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether accord and satisfaction – Whether applicant precluded from bringing employment relationship problem as all matters settled in settlement agreement (“SA”) – Applicant claimed signed SA…
    Result:
    Application dismissed ; Costs reserved
  • Tasman Auto Electrics Ltd v Coldicott

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – GOOD FAITH – Applicant claimed respondent breached obligations of fidelity, confidentiality, unlawful competition and good faith – Respondent suggested to applicant that sales could be increased…
    Result:
    Application granted (penalty) ; Penalty ($5,000)($3,750 payable to applicant)($1,250 payable to Crown) ; Application dismissed (breach of contract)(good faith)(injunction) ; Costs reserved
  • Wallace v Broadway General Carriers Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant crashed truck into another truck which caused hit truck to be shunted into third truck –…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,595) ; Compensation for humiliation etc ($7,500) ; Arrears of wages ($593.41) ; Arrears of holiday pay ($5,192.35) ; Penalty ($3,000)($1,500 payable to Crown)($1,500 payable to applicant) ; Costs reserved
  • Chand v Motoring EFI 4000 Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – RECOVERY OF MONIES – Applicant claimed unjustifiably disadvantaged by respondent – Applicant sought reimbursement of $5,000 bond advanced at respondent director’s (“K”) request – No appearance for…
    Result:
    Applications granted ; Compensation for humiliation etc ($3,000) ; Recovery of monies ($5,000) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($54.40) ($71.56)(filing fee)
  • O'Neill and Anor v Affco New Zealand Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Applicants claimed bound by unenforceable restraints of trade – Respondent claimed applicants entered into restraints freely and restraints enforceable – First applicant (“O”) commenced employment with…
    Result:
    Applications dismissed ; Costs reserved
  • Quin v Trucking Relief (Waikato) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful claim – Matter determined on papers – Respondent sought $2,300 contribution towards costs – Applicant claimed was misled or confused about Authority’s previous advice about application to…
    Result:
    Costs in favour of respondent ($575)
  • Maru v McKay Electrical & Instrumentation (Whangarei) Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent team leader (“H”) concerned applicant’s timesheets did not reflect time applicant worked – Respondent human resources…
    Result:
    Application granted (counterclaim)(recovery of monies) ; Recovery of monies ($788.40) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Rose v Hibell Holdings Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed respondent withheld applicant’s final pay including holiday pay when employment ended – Respondent withheld $3,199 but applicant sought $949 arrears of…
    Result:
    Application granted ; Arrears of wages and holiday pay ($949.90) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Duff (Labour Inspector) v Over the Top Ltd and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – Second respondent (“P”) failed to provide copy of employment agreement (“EA”) and only provided partial wage and time records – P joined to proceedings given…
    Result:
    Application granted (arrears of holiday pay) ; Arrears of holiday pay ($4,408) ; Application dismissed (penalties) ; Costs reserved