• Lacy v Ruanui Station Partnership

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – No appearance for applicant – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed matter at end because no…
    Result:
    Application dismissed ; Costs reserved
  • Christiansen v Sevans Group (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondent - Applicant claimed forced to resign as not paid remuneration due under employment agreement - Soon after…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($21,151.16) ; Interest (8.4%) ; Compensation for humiliation etc ($5,000) ; Penalty ($4,000)(Payable to Crown) ; Costs reserved
  • Turner v The Stonne Trust and Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant worked in second respondent enterprise (“C”) – Principal figure in enterprise (“P”) declared bankrupt, disqualified from holding office of company director…
    Result:
    Application granted ; Arrears of wages ($107,575) ; Interest ($22,421) ; Interest for period from when application filed (8.4%) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)
  • Sharma v Gandhi

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent personally guaranteed settlement payment – Settlement agreement entered in good faith in reliance on sale of business which did…
    Result:
    Compliance ordered ; Penalty ($250)(Payable to applicant) ; Costs in favour of applicant ($1,500)
  • Wareham v Rooke t/a Casey Panelbeaters and Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed unaware employer was director and shareholder of registered company – Applicant claimed not provided with written employment agreement identifying company…
    Result:
    Application partially granted ; Compensation for humiliation etc ($2,500) ; Costs reserved
  • Anil Securities Ltd v Sidana

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to re-open investigation – Previous determination required applicant pay respondent arrears of wages and disbursements – Authority later ordered applicant comply with previous determination…
    Result:
    Application granted ; Disbursements in favour of respondent ($71.56)(filing fee) ; No order for costs
  • Butler v Professional Public Relations NZ Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed resignation was constructive dismissal - Applicant claimed job description changed without consultation, and that honesty and integrity impugned by newly appointed Chief…
    Result:
    Application dismissed ; Costs reserved
  • Allen v C3 Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed on basis of serious misconduct – Authority found reinstatement no longer primary remedy – Found applicant’s reinstatement remained remedy…
    Result:
    Application dismissed ; Costs reserved
  • Hawtree v Spotless Services (NZ) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent by failing to pay retirement gratuity – Applicant paid gratuity by previous employer in recognition would no longer have future access…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Moodie v The Mill Liqoursave Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought contribution to $10,932 total costs – Respondent claimed five witnesses and counsel had to travel…
    Result:
    Costs in favour of respondent ($1,500)