• Slade & Anor v South Pacific Meats Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicants’ claimed dismissal substantively and procedurally unjustified – Respondent argued applicants made admission to drug dog handler that had smoked marijuana during work break…
    Result:
    Application granted ; 100 percent contributory conduct ; No remedies awarded ; Costs reserved
  • Gimblett and Anor v Papakura Franklin Newspapers Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - No appearance for respondent - Applicants claimed owed money for unpaid redundancy compensation and pay in lieu of notice - Applicants aware respondent had been experiencing…
    Result:
    Application granted ; Arrears of wages ($4,000)(Pay in lieu of notice)(Redundancy compensation)(First applicant) ; Arrears of wages ($6,923.04) )(Pay in lieu of notice)(Redundancy compensation)(Second applicant) ; Interest (5.2%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Wadsworth and Anor v AC Design Architecture Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicants sought compliance with settlement agreement – Second applicant withdrew application for compliance – First applicant confirmed owed $1,500 – Respondent instructed employee to attend investigation meeting…
    Result:
    Compliance ordered ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Hebert v Avalon Industrial Services Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Less than three month’s employment – Parties had written fixed term employment agreement (“EA”) - Applicant’s employment subject to 90 day trial period - Respondent subcontracting to…
    Result:
    Application granted ; Reimbursement of lost wages ($2,304) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Bourne v Carter Holt Harvey Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant stated had never been convicted of criminal offence on employment application – Applicant offered employment conditional on receiving criminal conviction information – Criminal convictions report recorded…
    Result:
    Application dismissed ; Costs reserved
  • Duffy v Ngatahi Horticulture Partnership a joint venture of Wakatu Incorporation & Ors

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether personal grievance raised in time – Alternatively applicant sought to raise grievance out of time – Respondent argued grievance not raised within 90 days of…
    Result:
    Application dismissed ; Costs reserved
  • Little v Silver Service Skips Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Parties agreed company employer rather than individual director – Director claimed isolation key not left in truck and could not…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)
  • West v Outback New Zealand Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Personal grievance claim withdrawn at end of first day of two day investigation meeting - Respondent sought $7,500 contribution to costs - Applicant claimed costs should lie where…
    Result:
    Costs in favour of respondent ($5,000)
  • Gray v Charity Works Trust

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Applicant approached by respondent to help set up radio station – Applicant not paid during period of employment…
    Result:
    Applications granted (arrears of wages and holiday pay) (unjustified dismissal) ; Arrears of wages ($27,730.69) ; Arrears of holiday pay ($2,218.46) ; Reimbursement of lost wages ($35,000) ; Compensation for humiliation etc ($10,000) ; Interest (5.2%) ; Applications dismissed (breach of contract) (good faith) ; Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($70)(filing fee) ($140)(process servers’ fees)
  • Mettrick v Continental Car Services Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Manager (“V”) raised with applicant serious problem with car applicant serviced – Error would have resulted in complete failure of brakes if error unnoticed…
    Result:
    Application dismissed ; Costs reserved