• Smith v The Happy Hog Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days –Respondent claimed received no notice of grievance – Authority found respondent advised via email applicant believed had been constructively dismissed…
    Result:
    Application granted (raising personal grievance) (penalty) ; Penalty ($2,000)($1,000 payable to Crown)($1,000 payable to applicant) ; Application dismissed (unjustified dismissal) (arrears of wages) ; Costs reserved
  • Narayan v Wellington City Transport Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $3,000 contribution to costs – Respondent opposed costs on basis no evidence of actual costs incurred –…
    Result:
    Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Dixon v Shamrock Pastures Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed after incorrectly marked cow during milking – Applicant claimed respondent failed to follow disciplinary process and did not disclose reasons for dismissal…
    Result:
    Application granted ; Reimbursement of lost wages ($6,800 reduced to $5,440) ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Costs reserved
  • Jordyn-Edser v Amatrac Enterprises Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed - Applicant dismissed for giving away 10 meals to patrons unhappy with service, giving directions to kitchen staff causing confusion…
    Result:
    Application granted ; Reimbursement of lost wages ($475) ; Arrears of wages ($106.250 ; Holiday pay ($151.98) ; Compensation for humiliation etc ($4,000) ; Holiday pay ($151.98) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Jordan v K. Pasgaard & Company Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed constructively dismissed – Respondent claimed while was correspondence between parties no grievance raised within time - Applicant’s…
    Result:
    Application granted ; Costs reserved
  • Fitzgerald v Western After Hours Veterinary Clinic Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed did not unjustifiably dismiss applicant as applicant not employee but independent contractor –…
    Result:
    Application dismissed ; Costs reserved
  • Talitimu v Lal t/a Jag Lal Lawyers

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed because had not got respondent to check and sign paperwork for immigration application on behalf of client (“P”) in time for it…
    Result:
    Application granted – Reimbursement of lost wages (7 weeks reduced to 5ï¾½ weeks) ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Costs reserved
  • Golder v Jamor Holdings Ltd t/a Columbus Coffee Lincoln Road

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent did not want applicant to return to usual duties and had no option but to resign – Respondent claimed applicant resigned…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000 reduced to $3,500) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Davey v Molan and Anor

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance – Half day investigation meeting – Respondent sought $1,500 contribution to costs – Applicant claimed had no means to pay any costs – Authority noted…
    Result:
    Costs in favour of respondent ($1,500)
  • Fitzpatrick v Mahaki Properties Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – ARREARS OF HOLIDAY PAY - Applicant sought $720 unpaid wages and $542 unpaid holiday pay – Respondent denied wages owed as applicant did not attend work,…
    Result:
    Applications granted ; Arrears of wages ($720) ; Arrears of holiday pay ($542.60) ; Costs in favour of applicant ($1,000)