• Kemp v Unifrom Group (Auckland) Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed by respondent as result from sexual harassment, harsh treatment and unnecessary consultation about restructuring – Respondent claimed applicant resigned in…
    Result:
    Application dismissed ; Costs reserved
  • Hepburn v Huhtamaki Henderson Ltd

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed by respondent – Applicant granted two weeks sick leave to recover health – Respondent claimed applicant obtained sick leave…
    Result:
    Application dismissed ; Costs reserved
    • 18 November 2011

    • [2011] NZERA Wellington 184

  • Gazeley v Oceania Group (NZ) Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed by respondent – Respondent had contractual relationship with District Health Board (“DHB”) relating to respondent’s rest home where applicant…
    Result:
    Application dismissed ; Costs reserved
  • Laing v George Weston Foods (New Zealand) Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant used abusive, threatening and offensive language in workplace, was violent and harassed and bullied…
    Result:
    Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($1,000 reduced to $500) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs to lie where they fall ; Disbursements in favour of applicant ($71.56)(Filing fee)
  • Weti and Anor v Warehouse Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicants claimed unjustifiably dismissed by respondent – Respondent claimed applicants abused discount – Applicants invited to attend disciplinary meeting – Second applicant (“O”) acknowledged…
    Result:
    Applications granted ; Contributory conduct (50%) ; Reinstatement ordered (Second applicant) ; Reimbursement of lost wages (quantum to be determined)(Second applicant) ($3,689.40)(First applicant); Compensation for humiliation etc ($2,000 reduced to $1,000)(First and Second applicants) ; Costs reserved
  • Puhia v Ovation New Zealand Ltd (formerly Bernard Matthews New Zealand Ltd)

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent required to follow stringent food hygiene processes – Applicant claimed visited workplace on day was not…
    Result:
    Application granted ; Contributory conduct (75%) ; Reimbursement of lost wages (Quantum to be determined) ; Interest (5%) ; Compensation for humiliation etc ($6,000 reduced to $1,500) ; Costs reserved
  • X v Secretary for Justice

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent when issued with final warning – Order prohibiting publication of any medical evidence in matter – Interim order prohibiting publication of…
    Result:
    Application granted ; Contributory conduct (100%) ; Costs reserved
  • Manoharan v The Chief Executive of Waiariki Institute of Technology

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies - Authority previously found applicant had been unjustifiably dismissed by respondent but directed parties to undertake further mediation to determine remedies – Further…
    Result:
    Quantum specified ; Contributory conduct (80%) ; Compensation for humiliation etc ($3,000) ; Penalty ($6,000)(Payable to Crown) ; Damages ($7,500) ; Application dismissed (good faith) ; Costs reserved
  • Deason v Antonopoulos and Anor t/a La Casa Pasta Ltd and Whonere Holdings Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance and arrears claim – Less than one day investigation meeting – No appearance for respondents – Applicant sought $7,374 contribution to costs – Applicant provided…
    Result:
    Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)
  • Jenner v Petone Working Men's Club and Literacy Institute

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed as respondent failed to remedy health and safety issue and did not allow applicant to withdraw resignation – Respondent claimed…
    Result:
    Application dismissed ; Costs in favour of respondent ($3,000)