• Leung v Asian Business Year Book Ltd & Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Authority found publications produced by separate companies – No employment agreement – Director (“K”) informed applicant intended to sell business…
    Result:
    Application granted (unjustified dismissal) (recovery of monies) ; Reimbursement of lost wages ($7,500) ; Compensation for humiliation etc ($6,000) ; Recovery of monies ($13.80)(vehicle allowance) ; Application dismissed (arrears of wages) ; Costs reserved
  • Ballingall v Telco Asset Management Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissal for redundancy unjustified - Applicant called to meeting with respondent’s Executive Director – Applicant given no notice as to what meeting about…
    Result:
    Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Application dismissed (Unjustified disadvantage) ; Costs reserved
  • Singh v Mahadeep Property Developers Ltd and Anor

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - No appearance for respondents - Application for joinder - Applicant sought to join second respondent to proceedings - Second respondent father of first respondent’s director -…
    Result:
    Applications granted (practice and procedure)(arrears of wages and holiday pay) ; Counterclaim dismissed ; Arrears of wages ($7,187.50 less $400 payment) ; Holiday pay ($575) ; Interest ; Disbursements in favour of applicant ($700(Filing fee)
  • Davidson v Bledisloe New Zealand Ltd t/a Gee & Hickton Funeral Directors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by being given final warning and then suspended - Respondent claimed warning justified – Claimed applicant not suspended rather parties unable to agree…
    Result:
    Application granted (unjustified disadvantage - suspension) ; Application dismissed (unjustified disadvantage - final warning) ; Arrears of wages (Quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Matsuoka v LSG Sky Chefs New Zealand Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Joint application for removal to Employment Court (“EC”) – Applicant claimed entitled to be transferred to respondent from PRI Flight Catering (“PRI”) – PRI’s contract to…
    Result:
    Application granted ; Matter removed to Court ; Costs reserved
  • Farley v Intagr8 Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant resigned with effect from agreed date in order to pursue studies – Applicant claimed dismissed after told…
    Result:
    Application dismissed ; Costs reserved
  • Aulakh v Yellow Pages Group Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time - Applicant resigned claiming was doing so “under protest” – Applicant worked out four week notice period, although did…
    Result:
    Application dismissed ; Costs reserved
  • Barclay and Ors v Cranford Hospice

    D Asher [Employment Relations Authority - Wellington]

    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
  • Farmers Transport Ltd v Nunn and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – RESTRAINT OF TRADE – Applicant sought urgent injunction restraining respondent acting in any way to breach restraint of trade clause – Order prohibiting publication of commercially sensitive information…
    Result:
    Application granted ; Penalty against N ($1,000)(Payable to Crown) ; Penalty against P ($1,000)(Payable to Crown) ; Costs reserved
    • 10 March 2011

    • [2011] NZERA Wellington 39

  • O'Connor v Ports of Auckland Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed following investigation into incident in respondent’s car park outside of work hours - Applicant left car parked at car park owned by…
    Result:
    Application dismissed ; Costs reserved