• McGregor v Rightside Properties Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought unpaid holiday pay – Respondent failed to file statement in reply or provide time and wages records – Applicant claimed told by respondent…
    Result:
    Application granted ; Arrears of holiday pay ($1,188.32) ; Interest (7.5%) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Merito v Te Runanga O Ngati Awa t/a Ngati Awa Tertiary Training Organisation and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed originally employed by second respondent (“N”) but first respondent (“T”) assumed role of employer – Authority found N continued to…
    Result:
    Applications dismissed ; Costs reserved
  • Snell v Te Runanga O Ngati Awa t/a Ngati Awa Tertiary Training Organisation and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by first respondent (“T”) - Applicant claimed was initially employed by second respondent (“O”) but T became employer - Authority found…
    Result:
    Applications granted (unjustified dismissal) ; Contributory conduct (15%) ; Reimbursement of lost wages ($9,360 reduced to $7,956) ; Compensation for humiliation etc ($2,000 reduced to $1,700) ; Applications dismissed (arrears of wages and holiday pay) ; Costs reserved
  • Peka v Te Runanga O Ngati Awa t/a Ngati Awa Tertiary Training Organisation and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed initially employed by second respondent (“N”) but first respondent (“T”) became employer – Authority found N remained applicant’s employer –…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($9,750) ; Compensation for humiliation etc ($1,000) ; Application dismissed (arrears of wages and holiday pay) (identity of employer) ; Costs reserved
  • Merito v Te Runanga O Ngati Awa t/a Ngati Awa Tertiary Training Organisation and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by first respondent (“T”) - Applicant claimed was initially employed by second respondent (“O”) but T became employer – Authority…
    Result:
    Applications granted ; Contributory conduct (25%) ; Reimbursement of lost wages ($9,000 reduced to $6,750) ; Compensation for humiliation etc ($500) ; Arrears of holiday pay (parties to determine quantum if any) ; Costs reserved
  • Jones v Pact

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to strike out proceedings – Respondent claimed applicant’s personal grievance claim could not possibly succeed due to concessions made by applicant – Authority found applicant…
    Result:
    Applications dismissed ; Costs reserved
  • Williams v Radius Residential Care Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed unjustifiably disadvantaged by respondent’s removal of one of applicant’s positions and unjustifiably dismissed by respondent – Respondent claimed applicant abandoned…
    Result:
    Application dismissed ; Costs reserved
  • Prieto v Department of Labour

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision that applicant not eligible for paid parental leave (“PPL”) – Applicant verbally accepted job offer made by employer as conveyed by…
    Result:
    Application granted ; No order for costs
  • Jordan v Invitrogen New Zealand Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant dismissed for serious misconduct – Applicant had formal meeting with Human Resources Director (“S”) to discuss whether applicant followed proper process in…
    Result:
    Application granted ; Costs reserved
  • Healthcare of New Zealand Ltd v Capital & Coast District Health Board and Ors

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on some terms of settlement at investigation meeting – Parties agreed Part 6A Employment Relations Act 2000 applied to affected support workers – Parties…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs