• Singh v Infinity Automotive Ltd t/a City Nissan Takapuna

    D King [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed by respondent for allegedly taking bribes – Applicant claimed respondent failed to investigate allegations adequately or genuinely consider explanation…
    Result:
    Application granted ; Costs reserved
  • Aitken v Carter Holt Harvey Ltd t/a Carters

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant lost control of company vehicle while driving home from bar and crashed vehicle into tree –…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (counterclaim)(breach of contract) ; Damages for breach of contract ($21,593.12) ; Costs reserved
  • Yu v Li and Anor

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Authority ordered parties to agree on quantum of arrears of wages based on formula set out in determination – Parties failed to…
    Result:
    Quantum specified ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)
  • Hayllar and Anor v The Good Time Food Company Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PRODEDURE – Application for removal to Employment Court (“EC”) – Applicants sought removal of employment relationship problem to EC on basis of important questions of law likely to…
    Result:
    Application granted ; Costs reserved
  • Dunlop v CPC New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent - Respondent’s general manager (“P”) offered applicant salary increase and other financial incentives if applicant met increased sales…
    Result:
    Applications granted (unjustified dismissal, arrears of wages and holiday pay) ; Arrears of wages ($2,307.69) ; Arrears of holiday pay ($3,658.81) ; Interest (5%) ; Applications dismissed (penalties) ; Costs reserved
  • Akeson v J & H Learmouth

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed owed unpaid wages and holiday pay – Respondents claimed no money owing – Respondents claimed declined to pay applicant’s final three…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($1,189.99) ; Recovery of monies ($179.69) ; Costs to lie where they fall
  • Duff (Labour Inspector) v Maori Hill & Balmacewen Pharmacy Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Leave previously reserved for applicant Labour Inspector to apply for imposition of penalties – Applicant claimed respondent confirmed that did not intend to pay various wage awards made…
    Result:
    Application granted ; Penalty ($2,000)(Payable to first former employee) ($2,000)(Payable to second former employee) ($2,000)(Payable to third former employee) ; No order for costs
  • Benjamin v European Woodworks Ltd t/a Eurotech Windoors

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee – Applicant claimed unjustifiably dismissed by respondent when told could not start work in accordance with accepted employment offer – Respondent claimed did not offer…
    Result:
    Application dismissed ; Costs reserved
  • McKean v Ports of Auckland Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Removal to Employment Court (“EC”) on own motion – Respondent (Ports of Auckland Limited – employer) claimed lost trust and confidence in applicant (Mr McKean –…
    Result:
    Matter removed to Court ; Costs reserved
  • Hallie v Richmond New Zealand Inc

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Respondent claimed unjustified dismissal grievance not raised within 90 days – Authority found applicant raised unjustified disadvantage grievance within 90 days and applicant relied on same…
    Result:
    Applications dismissed ; Costs reserved