• Rosenthal v Buckland & Anor t/a Bucky's Diner

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - UNJUSTIFIED DISADVANTAGE - ARREARS OF WAGES – Applicant claimed unjustifiably dismissed and owed final pay – Respondents claimed applicant resigned after admitted stealing and…
    Result:
    Applications dismissed (Unjustified dismissal)(Unjustified disadvantage)(Arrears of wages) ; Application granted (Penalty) ; Penalty ($500)(Payable to Crown) ; Costs to lie where they fall
  • Christiansen v Carol Rasing t/a Chickens 4 U

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed dismissal unjustified and that respondent failed to comply with obligations under Kiwi Saver Act 2006 - Authority found lacked jurisdiction to deal…
    Result:
    Application dismissed ; Costs reserved
  • Oso v Mastagard Coleridge Recycling Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Motor of Bobcat machine suffered complete seizure caused by insufficient oil in engine – Respondent claimed applicant aware of primacy of maintaining appropriate oil…
    Result:
    Application granted ; Contributory conduct (100%) ; Costs reserved
  • Rew v Fare Cafe Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed suffered unjustified disadvantage due to workplace bullying – Respondent owned and operated by husband (“T”) and wife (“L”) - Applicant claimed blamed for turning off…
    Result:
    Application dismissed ; Costs reserved
  • Bourne v Boc Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for name suppression – Applicant sought name suppression to prevent identity being published in event of media coverage of Authority’s proceedings or determination – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Douglas v B A Logging Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – Less than half day investigation meeting – No appearance for respondent – Applicant legally aided and sought $1,500 contribution to costs – Applicant claimed…
    Result:
    Costs in favour of applicant ($1,500)
  • Hurst v Eagle Equipment Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant claimed not paid commission for sales entitled to be paid for – Authority noted commission claims contract based and hence no time bar issues –…
    Result:
    Application granted (Recovery of monies) ; Recovery of monies (Commission payments)(Quantum to be determined) ; Application dismissed (Redundancy) (Counterclaim) ; Costs reserved
  • Julian v Glen Eden Mechanical & Tyres 2005 Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Respondent argued applicant spent time in workshop in “social way” and may perhaps have been sub-contracted to another contractor, however, never employed…
    Result:
    Application granted ; Arrears of wages ($10,901.32) ; Arrears of holiday pay ($1,352.80) ; No order for costs
  • Hunter v Canpac International Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Less than half day investigation meeting – Applicant sought $4,000 total costs – Respondent claimed applicant failed to provide evidence of expenses – Respondent…
    Result:
    Costs in favour of applicant ($750)
  • Hoare v Phipps and Anor

    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