• Yu v Symbol Spreading Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - Applicant commenced three month unpaid training period with respondent - Applicant then given individual employment agreement and began paid employment - Applicant…
    Result:
    Applications dismissed (Unjustified dismissal)(Arrears of wages for training period)(Penalty – breach of good faith and breach of employment agreement) ; Applications granted (Arrears of wages and holiday pay)(Penalty – breach of employment agreement) ; Arrears of wages ($1,664) ; Holiday pay ($1,256.32) ; Penalty ($500)(Payable to Crown) ; Counterclaim dismissed ; Costs reserved
  • Sprang v Chief Executive Department of Internal Affairs

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Previously applicant employed under arrangement to work for respondent where agency paid applicant upon receipt of invoices – Applicant received double payments from respondent and agency –…
    Result:
    Application dismissed ; Costs reserved
  • Longtime v AFFCO New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed dismissed when respondent failed to offer further seasonal employment – Applicant suffered back injury and on alternative work plan – Respondent required applicant to obtain…
    Result:
    Application granted ; Reimbursement of lost wages ($10,350.62) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Halsey v Computer Mate Ltd

    R A Monaghan [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Applicant legally aided – Respondent sought costs order against applicant on basis exceptional circumstances existed under s40 Legal Services Act 2000 – Respondent argued…
    Result:
    Costs to lie where they fall
  • Tyrrell v Quadrant Wholesalers Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - No appearance for respondent - Applicant sought compliance with mediated settlement agreement - Applicant claimed respondent failed to pay agreed sum - Respondent claimed would pay part…
    Result:
    Compliance ordered ; Interest (5.2%) ; Penalty ($1,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Rosenberg v Air New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - 6 day investigation meeting - Applicant claimed matter significantly more complex than majority of cases which came before Authority - Claimed involved extensive submissions…
    Result:
    Costs in favour of applicant ($20,500.00) ; Disbursements ($7,030.69)
  • Kevey v Inspire Enterprises Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with Authority determination - Respondent accepted amounts claimed payable and payment not made - Respondent argued unable to afford to pay applicant - Found…
    Result:
    Compliance ordered ; Orders accordingly ; No order for costs
  • Heather and Ors v City Care Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicants dismissed as result of incident in which alleged breached respondent’s health and safety policies - Applicants’ instructed to locate, excavate and repair broken…
    Result:
    Applications granted ; Reimbursement of lost wages (Quantum to be determined)(Second and third applicants) ; (Quantum to be determined and reduced by 25% for contributory conduct)(First applicant) ; Compensation for humiliation etc ($15,000)(Second and third applicants) ; ($15,000 reduced to $11,250)(First applicant) ; Costs reserved
  • Lee v Yoon and Anor t/a Gold Coin

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Successful arrears of wages and holiday pay claim - Less than one day investigation meeting - Respondents claimed applicant rejected two settlement offers made…
    Result:
    Costs in favour of respondents ($2,000)
  • Mills v The Chief Executive of The Department of Labour

    P R Stapp [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