• Halse v Connors Windows Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and disadvantaged by respondent – Respondent claimed redundancy justified – Respondent Managing Director (“S”) sent letter to applicant…
    Result:
    Applications dismissed ; Costs reserved
  • Kubler v Environmental Fertilisers Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Authority satisfied respondent’s delays and unavailability throughout investigation process attributable to failures of representative – Applicant told respondent Managing Director…
    Result:
    Applications granted ; Compensation for humiliation etc ($5,000) ; Reimbursement for lost wages ($8,864.64) ; Costs reserved
  • Borrill v Elite Fitness Equipment Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed lost trust and confidence in applicant and applicant in breach of employment agreement – Applicant purchased…
    Result:
    Application dismissed (unjustified dismissal) (arrears of commission) ; Application granted (counterclaim) ; Penalty ($2,000)(Payable to Crown) ; Costs reserved
  • Simmons v Collins Stainless Steel Fabricators Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant employed subject to 90 day trial period under s67A Employment Relations Act 2000 (“Act”) – Respondent…
    Result:
    Application dismissed ; Costs reserved
  • Beatty v SKF New Zealand Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful application for compliance – Two day investigation meeting – Respondent sought $15,000 contribution to over $58,000 total costs – No costs submissions received from applicant – Authority…
    Result:
    Costs in favour of respondent ($10,000)
  • Sanders v Ingham Motor Holdings Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy not genuine and procedurally unfair - Respondent undertook restructuring and applicant’s position disestablished – Respondent created new position to take over applicant…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Kohunui and Ors v Tuwharetoa Ki Kawerau Health Education and Social Services Charitable Trust

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicants claimed unjustifiably disadvantaged by respondent – Applicants claimed respondent failed to provide safe workplace and working environment – Office door left open over night and fifth…
  • Brenchley v Woolston

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – No appearance for respondent – Applicant claimed no money paid and respondent had not responded to applicant’s efforts to find…
    Result:
    Compliance ordered ; Interest (5%) ; Penalty ($5,000)($1,500 to Crown)($3,500 to applicant) ; No order for costs ; Disbursements in favour of applicant ($323.76)(Filing fee, petrol and personal service)
  • The New Zealand House Inspection Co (Wellington) Ltd v Medway (labour inspector)

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE & PROCEDURE – Objection to Demand Notices – Applicant objected to demand notices for payment of holiday pay issued by respondent – Applicant claimed not obliged to pay sums…
    Result:
    Application dismissed ; Arrears of holiday pay ($5,307.19)(first employee) ($5,385.69)(second employee) ; Interest (5%)(first employee) (5%)(second employee) ; Costs lie where they fall
  • Reay v the Chief Executive of the Department of Labour

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PARENTAL LEAVE – Respondent claimed applicant not entitled to paid parental leave (“PPL”) as applicant not employed at time leave taken – Applicant employed by Tower Managed Funds Ltd trading…
    Result:
    Application dismissed ; Costs to lie where they fall