• Olsen and Anor v Te One A Mara Ltd and Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether second applicant (“L”) employee – L claimed employed by respondents – Authority found L not employed by respondents – Found contractual documentation supported conclusion – Found employment…
    Result:
    Applications granted (arrears of payment) (unjustified disadvantage) (unjustified dismissal) ; Contributory conduct (15%) ; Arrears of payment ($495) ; Reimbursement of lost wages ($8,653.86 reduced to $7,355.78) ; Compensation for humiliation etc ($8,000 reduced to $6,800) ; Application dismissed (jurisdiction) ; Costs reserved
  • Gini v Literacy Training Ltd and Anor

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant taught course to prison inmates – Applicant removed partially filled in Kiwisaver forms that had been used as part of course for safety…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($10,140) ; Compensation for humiliation etc ($5,000) ; Application dismissed (penalty) ; Costs reserved
  • Palmer v SBA Pacific Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent claimed terms of settlement nullified by passage of time – Authority found matter did not progress further at time…
    Result:
    Compliance ordered ; Costs reserved
  • Milne v Barnardos New Zealand

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful injunction application – Half day investigation meeting – Respondent sought $9,600 contribution to $10,100 total costs – Respondent claimed costs incurred reasonable – Respondent claimed matter important…
    Result:
    Costs in favour of respondent ($4,500)
  • Clince v Johnson

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Respondent failed to lodge statement in reply – Authority found respondent served with claim and notice of investigation meeting - Found respondent…
    Result:
    Application granted ; Arrears of wages ($8,550) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • A v B

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Whether applicant entitled to wages while suspended – Order prohibiting publication of names of parties due to suppression orders in place by District Court – Colleague made complaint…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Yarrell v Department of Labour

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision not eligible for paid parental leave – Applicant made redundant following Christchurch earthquake and in new employment for five months at…
    Result:
    Application dismissed ; No order for costs
  • Monopoliz Supplies Ltd v Sharma

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant claimed respondent’s statements fabricated and requested second opportunity to present “witnesses and proof” – Applicant failed to comply with Authority’s…
    Result:
    Application dismissed ; No order for costs
  • Anderson v Chief of Defence Force

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – GOOD FAITH - Applicant sought compliance with settlement agreement and claimed respondent breached good faith obligations – Applicant applied for respondent’s vacancy after settlement reached and told…
    Result:
    Application dismissed ; No order for costs
  • McFadgen v Auckland Council

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Respondent claimed Authority did not have jurisdiction to order that respondent pay applicant redundancy as excluded by Local Government (Auckland Transitional Provisions) Act 2010 (“ATP Act”) – Applicant…
    Result:
    Applications granted ; Compensation for humiliation etc ($15,000) ; Reimbursement of lost redundancy ($15,000) ; Penalty($5,000) ($3,000 payable to applicant)($2,000 payable to Crown) ; Costs reserved