• Meyrick v Transportation Auckland Corporation Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISADVANTAGE – Applicant claimed final written warning unjustified – Respondent argued grievance not raised within time - Argued warning justified for repeated failure to follow…
    Result:
    Application dismissed ; Costs reserved
  • Appleton v Waikato Institute of Technology

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant claimed EC already had before it proceedings between same parties involving similar issues – Respondent opposed removal…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Diesel Doctor Ltd v Wessels

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Applicant claimed costs incurred in obtaining respondent’s compliance with mediated settlement – Applicant sought $835 contribution to actual costs of $1,113 – Applicant claimed actions by respondent indicated…
    Result:
    Costs in favour of applicant ($835.31)
  • McFall v Lyttelton Port Company Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $3,000 based on daily tariff rate plus full indemnity of $3,190 for costs flowing from…
    Result:
    Costs in favour of respondent ($4,190)
  • Weber v Wang

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed employment relationship with respondent – Respondent argued company (“ACE”) applicant’s employer at all material times – Argued had no responsibility…
    Result:
    Application granted ; Arrears of holiday pay ($303) ; Reimbursement of lost wages ($5,547.30) ; Compensation for humiliation etc ($3,500) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
  • Alexeivich v Mark The Chef Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought $5,273 arrears of wages – Applicant claimed actual wage rate at $16 per hour pursuant to employment agreement (“EA”) – Respondent argued wage rate…
    Result:
    Application granted ; Arrears of wages ($5,273.38) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs
  • Dunnett v Gardening Aids Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Parties agreed applicant owed $1,386 holiday pay - Respondent sought to have monies paid in advance deducted from applicant's final payments - Found…
    Result:
    Application granted ; Arrears of wages ($2,000) ; Arrears of holiday pay ($1,386.24)
  • Singh v Gilbarco (NZ)

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed serious misconduct allegation false therefore dismissal unjustified – Respondent argued applicant provided misleading medical information and acted uncooperatively justifying dismissal – Applicant…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($1,080.50 per week)(Parties directed to determine final calculation) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Lane-Murphy v Newmarket Travel Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – BARGAINING – GOOD FAITH – UNJUSTIFIED DISMISSAL – Constructive dismissal - Applicant claimed constructively dismissed following serious breaches of statutory obligations and bullying by respondent’s manager (“X”)…
    Result:
    Application dismissed ; Costs reserved
  • Sharma v Auckland District Health Board

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Discrimination – Applicant (Ms Sharma – Employee) claimed discriminated against on the basis of race by manager (“M”) – Claimed M…
    Result:
    Applications dismissed ; Costs reserved