• Tailor v BOF Ltd t/a Moretons Restaurant and Bar

    P Cheyne [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed resignation was constructive dismissal because of respondent’s breach of duty to provide safe workplace - Applicant complained to respondent that being sexually…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage)(Sexual harassment) ; Compensation for humiliation etc ($10,000) ; Costs reserved
    • 01 November 2010

    • AA 468/10

  • Dawson v The Family Childcare Company Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought holiday pay due when left employment with respondent – Respondent did not contest entitlement to holiday pay – Authority found holiday pay due…
    Result:
    Application granted ; Arrears of holiday pay ($2,640) ; Interest (5.2%) ; Application dismissed (recovery of monies) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
  • Housing New Zealand Corporation v Public Service Association Inc

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    BARGAINING – GOOD FAITH – Applicant claimed respondent breached good faith with email sent to members – Applicant claimed respondent breached Employment Relations Act 2000 with conduct in regard to…
    Result:
    Application granted (good faith) ; Application dismissed (penalty) ; Costs reserved
  • Over the Top Ltd v Beck & Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Substantive matter withdrawn by applicant - Respondents' sought actual and reasonable costs incurred - Respondents' claimed costs incurred in response to urgent application - Applicant's argued costs to…
    Result:
    Costs in favour of respondents ($400)(each)
  • Edkins v Transfield Services (New Zealand)

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissal unjustified because should not have been selected for redundancy – Claimed had issues with manager which resulted in unfair assessment against respondent’s…
    Result:
    Application dismissed ; Costs in favour of respondent ($2,000)
  • Shead v TJS Farms Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Respondent had share milking contract for family farm – No written employment agreement – P and O shareholders in respondent – Applicant worked closely with P on…
  • Dunnings v Serious Fun N" Mind Trust"

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed written warning unjustified – Respondent received complaint about applicant but not raised with applicant – Applicant went on annual leave and new…
    Result:
    Applications granted ; Reinstatement ordered ; Compensation for humiliation etc ($3,000)(unjustified disadvantage) ($10,000)(unjustified dismissal) ; Costs reserved
  • Zhou v Chief Executive of the Department of Labour

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant required to obtain and retain suitable Government Security Clearance (“GSC”) – Applicant received adverse recommendation that GSC…
    Result:
    Application granted ; Costs reserved
  • Arora v Sato (NZ) Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Authority determined costs in relation to both interim and substantive matter – Applicant interim application was declined – Applicant successful in substantive matter, however, remedies reduced significantly for…
    Result:
    Costs to lie where they fall
  • Dempsey v Hautapu Motors Ltd t/a Manawatu Nissan & Kia

    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