• Singh v Gunveer Enterprises

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – ARREARS OF WAGES – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed underpaid by respondent over nine month period – Applicant claimed respondent…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,280) ; Compensation for humiliation etc ($15,000) ; Arrears of wages ($18,860) ; Costs reserved
  • Mahendran v Chief Executive, Department of Internal Affairs

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – UNJUSTIFIED DISADVANTAGE – Applicant claimed either unjustifiably dismissed or disadvantaged due to flawed redundancy procedure – Applicant amended application due to new information presented by…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Chaimowitz v Goldman Henry Capital Management Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably dismissed and disadvantaged by respondent - Authority found justification for dismissal to be determined under amended s103A Employment Relations…
    Result:
    Applications granted (unjustified disadvantage and arrears of wages and holiday pay) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($1,846) ; Arrears of holiday pay (quantum to be determined) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Ozieranska v Cintra Quad Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful arrears of wages and holiday pay claim – Less than half day investigation meeting – Applicant sought $3,000 contribution to costs – Authority found applicable daily tariff…
    Result:
    Costs in favour of applicant ($1,500)
  • Tausisi v Nerina Howe

    D King [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Respondent undertook to make payments of $150 per week plus final payment by specified date – Authority found respondent made…
    Result:
    Compliance ordered ; Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($71.56)(Filing fee)
  • Felts v McCain Foods (NZ) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed had no option but to resign as respondent breached good faith obligations – Respondent claimed conducted full and fair investigation before issuing…
    Result:
    Application dismissed ; Costs reserved
  • Higgins v Spa & Pool Warehouse Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant did not raise grievance within 90 days – Applicant’s employment verbally terminated – Respondent claimed first…
    Result:
    Application dismissed ; Costs reserved
  • Spark v Queenstown Pharmacy 2008 Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Applicant claimed was offered fulltime position with no fixed hours – Respondent claimed only offered applicant as many…
    Result:
    Application granted ; Reimbursement of lost wages ($1,000) ; Compensation for humiliation etc ($2,000) ; Costs to lie where they fall ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Hawker v Team McMillan Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent sales director (“G”) informed applicant that needed to improve relationship with members of…
    Result:
    Applications dismissed ; Costs reserved
  • Atkinson v Vet Care Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged and dismissed by respondent – Applicant issued verbal warning regarding deliberate administration of medication other than that…
    Result:
    Application granted (unjustified disadvantage) (arrears of holiday pay) (unjustified dismissal) ; Contributory conduct (50%) ; Compensation for humiliation etc ($10,000 reduced to $5,000)(unjustified disadvantage) ; Arrears of holiday pay (quantum to be determined) ; Reimbursement of lost wages (quantum to be determined)(reduced by 50%) ; Compensation for humiliation etc ($10,000 reduced to $5,000)(unjustified dismissal) ; Application dismissed (arrears of wages) (counterclaim)(breach of contract) ; Costs reserved