• Saunders v Paul James Contract Services Ltd (t/a PJs Cartage)

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Following substantive determination in which costs were reserved parties agreed to record of settlement - Terms of settlement to be orders of Authority - Applicant to pay…
    Result:
    Consent order granted ; Orders accordingly
  • Ghilardi v Osteria Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant employed as head chef at restaurant operated by respondent - Applicant also shareholder and director of respondent - Applicant asked…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal) ; Application dismissed (penalty) ; Arrears of wages ($1,000) ; Compensation for humiliation etc ($3,000)(unjustified disadvantage) ; Costs reserved
  • Foley v Auckland District Collections Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Respondent hosted Christmas party for children of staff members – Applicant did not receive invitation as not…
    Result:
    Application dismissed ; Costs reserved
  • Bickerdike v 1073873 Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties agreed 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
  • Te Huia v Burton t/a Not Rub Cleaners

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent – Applicant claimed unjustifiably dismissed by respondent – Applicant cleaner at commercial premises and at local school – Applicant informed by…
    Result:
    Applications granted ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($219.30) ; Costs in favour of applicant ($600) ; Disbursements in favour of applicant ($70)
  • de Peyon v Hi Tech Panel & Paint (2006) Ltd (in Liquidation)

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - No appearance for respondent - Respondent in liquidation - Liquidators gave consent for investigation meeting to continue - No written employment agreement - Respondent…
    Result:
    Applications granted ; Reimbursement of lost wages ($15,000) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($401.50) ; Penalty ($1,000)(Payable to applicant) ; Costs in favour of applicant ($1,000)
  • Allomes v Freemantle

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Parties claimed agreement entered whereby applicant worked at reduced rate and occupied farm house rent free – Respondent claimed no…
    Result:
    Applications dismissed ; Costs reserved
  • Davies and Ors v Timaru Bus Services Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF REDUNDANCY COMPENSATION – Applicants sought unpaid redundancy compensation – Applicants dismissed for redundancy after respondent unsuccessful in securing tender for urban bus routes – Respondent attempted to facilitate…
    Result:
    Application granted ; Arrears of redundancy compensation ($1,373.60)(first applicant) ($685.51)(second applicant) ($703.42)(third applicant) ; Interest (5%) ; No order for costs ; Disbursements in favour of applicants ($420)(Travel, accommodation and filing fee)
  • Kingi v New Zealand Heat Pump Cleaning Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant employed subject to trial period – Authority found factual…
    Result:
    Application dismissed ; Costs to lie where they fall
  • McKendry v Jansen and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Authority ordered parties to agree on quantum of applicant’s lost wages – Parties failed to agree on quantum of remedies – Authority…
    Result:
    Quantum determined ; Reimbursement of lost wages ($782.31) ; No order for costs