• Munro v Hibiscus Coast Security Ltd and Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably constructively dismissed – Claimed resignation caused by breaches of respondent’s duty being making false allegations of assault to Police, failing to…
    Result:
    Application dismissed (Unjustified dismissal) ; Applications granted (Unjustified disadvantage)(Arrears of holiday pay) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved
  • Yu v Golden World (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Successful arrears of holiday pay claim - Successful penalty claim - Less than one and a half day investigation meeting - Applicant sought award…
    Result:
    Costs in favour of applicant ($4,000)
  • Swaysland v Hautapu Motors Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant claimed suffered unjustified disadvantage when respondent unilaterally altered parties employment agreement to reduce amount of commission payable - Respondent claimed grievance raised out of time…
    Result:
    Application dismissed (Raising personal grievance) ; Application granted (Arrears of wages)(Penalty) ; Arrears of wages ($2,500) ; Penalty ($1,000)($500 payable to Crown)($500 payable to applicant) ; Costs reserved
  • Oskam v Idea Services Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed asked service user (“S”) to move as blocking access to toolbox and when S refused…
    Result:
    Application granted ; No remedies (100% contributory conduct) ; Costs reserved
  • Service and Food Workers Union Nga Ringa Tota v Care Park New Zealand Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Interpretation of collective employment agreement – Whether shuttle bus drivers should be paid $13. 80 per hour as applicant contended or $13.
    Result:
    Question answered ; Costs reserved
  • Watson v Restaurant Holding Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful arrears of wages claim – Length of investigation meeting not specified – Respondent claimed restaurant business sold and no money to pay amounts ordered by Authority –…
    Result:
    Costs in favour of applicant ($2,000)
    • 04 March 2011

    • [2011] NZERA Auckland 84

  • Northern Amalgamated Workers' Union v Southern Paprika Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING - Reference for facilitation - Matter determined on the papers - Applicant applied for reference to facilitation under s50C Employment Relations Act 2000 (“ERA”) - Authority satisfied grounds under…
    Result:
    Application granted ; No order for costs
  • Henry and Anor v Millenium 1st Group Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicants claimed employed by respondent – Respondent claimed parties entered into commercial business arrangement where profits and risks shared between parties –…
    Result:
    Application dismissed ; No order for costs
  • Taljaard v Sevans Operator Hire Ltd and Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant Labour Inspector sought unpaid wages and holiday pay – No appearance for respondents – Authority found amounts not disputed by first respondent…
    Result:
    Application granted ; Arrears of wages ($2,076.81) ; Arrears of holiday pay ($2,727.68) ; Interest (4.8%) ; Penalty ($2,000)(payable to Crown) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Graham v Northland Waste Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant fixed term employee and employment ended because fixed term expired – Respondent claimed only wished to engage…
    Result:
    Application granted ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($1,700) ; Disbursements in favour of applicant ($71.56)(filing fee)