• Patterson v Workman

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant claimed was employee and suffered unjustified disadvantage and unjustified dismissal - Respondent claimed applicant independent contractor - Claimed if applicant was…
    Result:
    Application dismissed ; Costs reserved
  • Nuri v Chief Executive of Te Puni Kokiri

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed dismissal unjustified, respondent breached employment agreement and that suffered unjustified disadvantage - Claimed never behaved…
  • Enosa v Black & White Fire Systems Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Respondent called applicant after applicant sent text would not be at work that day – Respondent claimed applicant intoxicated when parties spoke on phone,…
    Result:
    Applications granted (unjustified dismissal and arrears of wages and holiday pay) ; Compensation for humiliation etc ($6,000) ; Arrears of holiday pay ($1,966.40) ; Application dismissed (arrears of holiday pay) ; Costs reserved
  • Khan v Oracle New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Interim Reinstatement – Applicant sought interim reinstatement following dismissal for redundancy – Authority found reinstatement no longer primary remedy – Found now reinstatement provided if practicable and reasonable…
    Result:
    Application dismissed ; Costs reserved
  • Pemberton v Te Haumi Logging Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought $2,500 repayment of unpaid wages – Respondent failed to file statement of reply after extensions and prompting from Authority - Authority granted leave for…
    Result:
    Application dismissed (arrears of wages) ; Application granted (deduction from wages)($1,017.99) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs
  • Quin v Trucking Relief (Waikato) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance – One day investigation meeting – Respondent sought $4,832 contribution to costs – Respondent noted made Calderbank offer to applicant including offer of reference and…
    Result:
    Costs in favour of respondent ($3,000)
  • Baregari v Little Turkish Cafe Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of Remedies – Authority ordered parties to agree on quantum of arrears of wages due to insufficient evidence before Authority – Parties failed to agree…
    Result:
    Quantum specified ; Arrears of wages ($9,984.63) ; Interest (8.4%) ; No order for costs
  • Burlton v Oceania Care Company (No 1) Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Respondent claimed did not receive notification that applicant raising personal grievance until well after 90 days – Union claimed…
    Result:
    Application granted ; Costs reserved
  • Cabrera v Prepared Produce Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Metcalfe v Chief Executive of the Department of Labour

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision ineligible for paid parental leave (“PPL”) – Applicant self employed and applied for PPL after assumption of care of child with…
    Result:
    Application dismissed ; Costs reserved