• Lowndes v Dowden t/a Safeguard Security & Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Respondent raised concerns applicant failed to complete times of visits to client premises and failed to notice fork hoist left running – Applicant advised…
    Result:
    Application granted ; Contributory conduct (33%) ; Reimbursement of lost wages ($1,300) ; Compensation for humiliation etc ($1,000) ; Costs reserved
  • Lawrence v Clutha Grazing Company Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Parties agreed applicant owed wages claimed – Respondent argued holiday pay included in hourly rate – Applicant claimed not provided employment agreement and…
    Result:
    Applications granted (Arrears of wages and holiday pay)(Recovery of monies)(Counterclaim) ; Arrears of wages and holiday pay ($3567.70) ; Recovery of monies ($4264.70) ; Interest (6 percent) ; Costs in favour of applicant
  • Dalley v Norrell Building Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant foreman on building site - Applicant had verbal altercation with apprentice carpenter (“X”) that resulted in applicant pushing X - Part of incident…
    Result:
    Application granted ; Compensation for humiliation etc ($7,000 reduced to $2,300) ; Costs reserved
  • Ali v Moyes Motor Group Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for applicant – Applicant claimed constructively dismissed – Respondent claimed applicant resigned because unhappy with job – Applicant claimed told to sign resignation letter or…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (arrears of wages) ; Arrears of wages ($2,544.60) ; Costs to lie where they fall
  • Silva v OCS Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - 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
  • Damacharla & Ors v Southern Rocks Pacific Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicants liked in India and recruited and employed by respondent – Start date in dispute – Authority found employment agreements useful starting reference…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($23,737.52)(first applicant) ($15,260.35)(second applicant) ($23,575)(third applicant) ; Arrears of annual leave ($600)(first applicant) ($240)(second applicant) ($600)(third applicant) ; Arrears of holiday pay ($816)(first applicant) ($672)(second applicant) ($672)(third applicant) ; Reimbursement of lost wages ($4,800)(first applicant) ($4,800)(second applicant) ($4,800)(third applicant) ; Compensation for humiliation etc ($2,000)(first applicant) ($2,000)(second applicant) ($2,000)(third applicant) ; Interest (5%) ; Penalty for breach of employment agreement ($500)(first applicant) ($500)(second applicant) ($500)(third applicant) ; Penalty for failing to keep wage and time records ($500)(first applicant) ($500)(second applicant) ($500)(third applicant) ($1,500)(payable to Crown) ; Costs reserved
  • Foai v Air New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES - Applicant sought payment for final pay of $9,363 - Respondent withholding applicant's final pay as claimed applicant owed $42,635 in mistakenly overpaid wages - Found respondent…
    Result:
    Applications granted ; Arrears of wages ($9,363.04) ; Interest (Quantum to be determined) ; Recovery of monies ($42,635.40) ; Costs reserved
  • Briskie v McHannigan and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employed by respondents – Applicant claimed unjustifiably dismissed – Respondents denied employing applicant – Applicant claimed offered cleaning position at Lodge and resigned from current employment…
    Result:
    Application dismissed ; Costs reserved
  • Smith v Barnes t/a Long John Silver Whangaparaoa

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - No appearance for respondent - Identity of employer - Applicant identified respondent as employer in personal capacity trading as Long John Silver Whangaparoa - Authority found…
    Result:
    Application granted ; Holiday pay ($228) ; Reimbursement of lost wages ($2,400) ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($500)
  • Kumar v Baycorp (NZ) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RACIAL HARASSMENT – Applicant claimed manager (“L”) made comment that applicant spoke better English than some other Indians during meeting to discuss applicant’s performance – Applicant claimed comment constituted racial…
    Result:
    Applications dismissed ; Costs reserved