• Selliman v Te Runanga O Kirikiri Roa Trust Inc

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Parties challenged Authority’s previous determination that applicant had been unjustifiably dismissed to Employment Court (“EC”) – After judicial settlement conference in…
    Result:
    Application dismissed ; No order for costs
  • Kendrick (Labour Inspector) v Northern Star Group (NZ) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant Labour Inspector sought unpaid holiday pay – No appearance for respondent – Respondent claimed unable to pay applicant and respondent in liquidation – Authority…
    Result:
    Application granted ; Arrears of holiday pay ($1,432.67) ; Penalty ($6,000)(Payable to Crown) ; Interest (5%) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(Filing fee)
  • Ball v Belfast Automotive Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and disadvantaged by respondent – No appearance for respondent – Respondent claimed applicant sought indefinite sick leave due…
    Result:
    Application granted (unjustified dismissal) (unjustified disadvantage) (arrears of wages and holiday pay) ; Compensation for humiliation etc ($10,000) ; Reimbursement of lost wages ($5,320) ; Arrears of wages and holiday pay ($1,149.12) ; Interest (5%) ; Application dismissed (penalty) ; Costs in favour of applicant ($1,500)
  • New Zealand Meat & Related Trades Workers Union Inc v Affco New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought declaration about interpretation, application or operation of parties’ collective employment agreement (“CEA”) – Applicant sought compliance…
    Result:
    Application granted ; Matter removed to Court ; No order for costs
  • Masoe v Te Roopu Awhina Ki Porirua Trust

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance and damages claim – Two day investigation meeting – Applicant sought contribution towards costs “approaching full amount incurred” due to substantial preparation and cultural and…
    Result:
    Costs in favour of applicant ($18,000) ; Disbursements in favour of respondent ($111.85)(filing fee, photocopying and courier costs)
  • Jordan v Compass Communications Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent general manager (“W”) told by employees that applicant planned to set up competing business and take co-workers…
    Result:
    Application granted ; Contributory conduct (100%) ; Costs reserved
  • Gate v Deejay Holdings Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant left employment voluntarily – Applicant failed to attend shift two weeks after starting and failed to inform…
    Result:
    Application granted ; Contributory conduct (90%) ; Compensation for humiliation etc ($3,000 reduced to $300) ; Reimbursement of lost wages (quantum to be determined) ; Costs reserved
  • Continental Car Services Ltd v Joyce and Anor

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondents breached obligations of fidelity and confidentiality in employment agreements (“EA”) – Respondents resigned and employed by competitor and applicant claimed respondents planned to…
    Result:
    Application dismissed (breach of contract) ; Applications granted (restraint of trade) (damages for misappropriation of items) (penalty) ; Damages ($1,929.04)(restraint of trade)(first respondent) ; Damages ($675)(LSD unit)(first respondent) ($471.66)(Brake pressure bleeder)(first respondent) ($3,600)(vouchers)(first respondent) ; Penalty ($20,000)(payable to Crown)(first respondent) ; Interest (8.4%) ; Costs reserved
  • Milne v Steve Clark Engineering Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent because had no warning of impending redundancy or respondent director’s (“C”) decision, selected for redundancy over respondent’s other employee…
    Result:
    Application granted ; Compensation for humiliation etc ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Munday and Ors v New Zealand Post Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicants claimed unjustifiably disadvantaged by written warnings and sought to have warnings removed from applicants’ files – Applicants issued with written warning after refused to follow respondent’s…
    Result:
    Application dismissed ; Costs reserved