• Robb v Awaroa Lodge

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant employed on fixed term agreement and employment came to end upon expiry of fixed term…
    Result:
    Application granted (unjustified dismissal) ; Applications dismissed (arrears of accommodation and food costs) (jurisdiction) ; Costs reserved ; Disbursements in favour of applicant ($70)(Filing fee)
  • Yang v Hao and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant claimed was employee of second respondent and sought arrears of wages – Respondents claimed applicant was independent contractor – Respondents…
    Result:
    Application dismissed ; Costs reserved
  • Ragg v Howard Trading Auckland Ltd and Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondents’ director informed applicant position redundant – Applicant offered payment in lieu of contractual period of notice, reference…
    Result:
    Application granted ; Compensation for humiliation etc ($3,750) ; No order for costs
  • NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Tenix Alliance New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of collective employment agreement (“CEA”) – CEA provided for Impairment Procedure (“I”) to apply if employees suspected to be unable to carry out duties safely due to…
    Result:
    Question answered in favour of applicant ; No order for costs
  • Viggars v Pretty Spoilt Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF HOLIDAY PAY AND RECOVERY OF MONIES – Applicant claimed respondent failed to pay holiday pay and sought reimbursement of money deducted from wages – No appearance for respondent…
    Result:
    Applications granted ; Arrears of holiday pay ($757.89) ; Interest (5%) ; Recovery of monies ($215) ; Interest (5%) ; Costs in favour of applicant ($2,070) ; Disbursements in favour of applicant ($175.06)
  • Mallon v CLS Capital Link Services Pty Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant asked for payment from respondent for working Labour Day – Respondent international account manager (“N”) told applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($1,680) ; Compensation for humiliation etc ($3,250) ; Interest (5%) ; Costs reserved
  • Tertiary Education Union v Vice Chancellor University of Auckland

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING – Application for reference to facilitation – Applicant initiated bargaining and bargaining process agreement agreed to three months later – Parties had eight bargaining meetings and three mediations over…
    Result:
    Application granted ; Costs to lie where they fall
  • Guthrie t/a You Hair Salon v Bowen

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RESTRAINT OF TRADE - Applicant claimed respondent breached employment agreement’s competition and confidentiality clauses – Respondent claimed no enforceable agreement between parties and did not have applicant’s confidential property -…
    Result:
    Application granted (recovery of monies)($70) ; Applications dismissed (restraint of trade) (penalty) ; Costs reserved
  • Gumbley v Selfe

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant claimed unpaid holiday pay – Parties entered into employment relationship in anticipation of partnership – Applicant claimed did not take any annual leave during…
    Result:
    Application granted (arrears of holiday pay) ; Arrears of holiday pay ($2,886) ; Interest (5%) ; Application dismissed (recovery of monies) ; Costs reserved
  • Conaglen v The Vice Chancellor University of Auckland

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s determination that complaint about applicant disclosed misconduct – Respondent claimed conducted full and fair investigation into complaint and justified in finding…
    Result:
    Application granted ; Compensation for humiliation etc ($10,000)(reduced for contributory conduct) ; Costs reserved