• Wright v Clark & Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant and first respondent became friends - First respondent offered applicant work organising workshops second respondent ran - No written employment agreement…
    Result:
    Applications granted (Jurisdiction)(Unjustified dismissal)(Arrears of wages and holiday pay) ; Arrears of wages and holiday pay ($524.47) ; Pay in lieu of notice ($80) ; Compensation for humiliation etc ($3,000) ; Application dismissed (penalty) ; Costs reserved
  • Lal v Alloy Yachts International Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Respondent argued applicant’s dismissal justifiable or alternatively grievance not raised within 90 day period – Applicant arrested and charged with serious offences under Crimes Act 1961 –…
    Result:
    Application dismissed ; No order for costs
  • The New Zealand Dairy Workers Union Te Runanga Wai U Inc v Fonterra Co-Operative Group Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – 2 day investigation meeting – Respondent successful in substantive application – Authority rejected respondent’s argument appropriate to adopt notional daily rate of $4,000 from Tawhiwhirangi – Found Court…
    Result:
    Costs in favour of respondent ($6,000) ; Disbursements ($400)
  • Rose v Order of St John

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought personal grievance claims removed to EC – Respondent requested Authority and applicant delete certain paragraphs of…
    Result:
    Application granted ; Costs reserved
  • Loveday v CNC Machining Co Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed selection for redundancy predetermined and no proper procedure followed – Applicant and boss (H) had 25 year friendship – Respondent suffered significant business…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($350) ; No order for costs
  • Scicluna v Le Grand Hotel Ltd (In liquidation)

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - No appearance for respondent - Respondent experiencing financial difficulties - However, during applicant’s employment respondent’s level of debt and revenue increasing - Applicant had…
    Result:
    Application granted ; Reimbursement of lost wages ($12,089.99) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,000)
  • Smith v Le Grand Hotel Ltd (In liquidation)

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – No appearance for respondent – Respondent’s representative advised Authority did not have instructions from respondent and would not attend investigation meeting – Subsequently Authority…
    Result:
    Application granted ; Reimbursement of lost wages ($12,499.99) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,000)
  • Brake v Grace Team Accounting Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed given undertaking before entering employment relationship employment would be of long duration – Applicant claimed unjust for respondent to escape from honouring contractual promises…
    Result:
    Applications dismissed ; Costs reserved
  • Armstrong v Signature Homes Hawke's Bay Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant claimed not paid properly, not treated in good faith, unjustifiably disadvantaged and constructively dismissed - Respondent denied claims and claimed applicant…
    Result:
    Application dismissed ; Costs reserved
  • Maikuku v S.T.L. Linehaul Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed when told by respondent that was “finished” for using company truck as taxi service and was redundant –…
    Result:
    Application granted ; Reimbursement of lost wages ($11,690.00) ; Compensation for humiliation etc ($10,000) ; Expenses ($70)