• Satherley v Flemming and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – No appearance for respondent – Applicant decided to look for alternative employment as wages unpaid – Respondent acknowledged understood applicant would not work for…
    Result:
    Applications granted ; Compensation for humiliation etc ($4,000) ; Reimbursement of lost wages ($3,444) ; Arrears of wages ($2,240) ; Arrears of holiday pay ($2,717.45) ; Telephone and itemised expenses ($438) ; Vehicle expenses ($300) ; Interest ($64.44) ; Costs reserved ; Disbursements in favour of applicant ($70)(filing fee)
  • Peterson v Baker and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES - No appearance for respondent - Applicant sought $271 arrears of wages respondent deducted from pay - Deduction made to cover accidental damage to hose - Applicant…
    Result:
    Application granted ; Arrears of wages ($271.12) ; Disbursements in favour of applicant ($70)(Filing fee)
  • New Zealand Dairy Workers Union v Fonterra Co-Operative Group Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant claimed substantive determination did not effectively dispose of employment relationship problem – Applicant claimed questions designed to have Authority resolve…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Robinson v Transfield Services (NZ) Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Joint application to substantive matter – Respondent sought $15000 contribution to costs – Applicant claimed costs to lie where the fall – Respondent argued applicant chose to litigate…
    Result:
    Costs to lie where they fall
  • Fair v Wang and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed had not properly been paid wages and holiday pay – No appearance…
    Result:
    Applications granted (Dismissal)(Arrears of wages) ; Arrears of wages ($6415.75) ; Arrears of holiday pay ($1,240.40) ; Reimbursement of lost wages ($7,803.00) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($70)
  • Doran v Crest Commercial Cleaning Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant employed as cleaner - Applicant employed by company (“Y”) to clean premises belonging to another company (“X”)…
    Result:
    Application granted ; Costs reserved
  • Labour Inspector (Duff) v Queenstown Management Services Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - No appearance for respondent - Applicant Labour Inspector brought action on behalf of employee (“T”) of respondent - T believed not paid full wages and had…
    Result:
    Orders made ; Penalty ($1,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Anderson v The Salmon Farm Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent contracted to pick up freight for freight forwarder (“F”) – Incident where respondent required to transport roses for business –…
    Result:
    Applications dismissed (Constructive dismissal)(Unjustified disadvantage) ; Arrears of holiday pay ($2,024.00) ; Costs reserved
  • Mauheni and Anor v Bilfinger Berger Services (New Zealand) Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Respondent proposed to reduce staff by three – Applicants consulted about disestablishment of positions and being moved to other roles at lower hourly rates than currently on…
    Result:
    Application granted ; Reimbursement of lost wages ($2.33 per hour for every hour worked between date of reduction and date of confirmation of new terms of employment or date of redundancy)(First applicant) ($1.00 per hour for every hour worked between date of reduction and date of confirmation of new terms of employment or date of redundancy)(Second applicant) ; Costs reserved
  • O'Hagan v Waitomo Adventures Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – ARREARS OF WAGES AND HOLIDAY PAY – Constructive dismissal – Respondent argued no constructive dismissal and counterclaimed applicant paid self travel allowance without agreement and paid unauthorised…
    Result:
    Application dismissed (Constructive dismissal) ; Applications granted (Counterclaim)(Arrears of wages) ; Counterclaim ($17,995.00) ; Arrears of wages and holiday pay ($9,585.60) ; Costs reserved