• Arora v Sato New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant held responsible for inaccurate stock take reporting and tax penalties outstanding – Auditors required respondent sign representation letter providing undertakings accounts correct –…
    Result:
    Application granted ; Compensation for humiliation etc ($20,000 reduced to $12,000) ; Reimbursement of lost wages and car allowance ($52,500 reduced to $31,500) ; Reimbursement of health insurance premiums ($535.20 reduced to $321.12) ; Costs reserved
  • Lewis v Gateway Motel Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Authority determinations – Applicant sought interest on amounts unpaid – Compliance ordered – Interest payable – PRACTICE AND PROCEDURE – Application to reopen…
    Result:
    Compliance ordered ; Interest (5.24%) ; Application dismissed (application to reopen investigation) ; Costs in favour of applicant ($1,000)
  • Poulopoulos v Residential Rentals Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant given one month’s notice of termination due to redundancy – Applicant not required to work out notice period – Applicant claimed dismissed because of…
    Result:
    Application dismissed ; Costs reserved
  • Campbell v SVO Enterprises Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Applicant lodged personal grievance and penalty claims - Respondent provided substantive response and stated no longer trading and in process of liquidation - Liquidation order made…
    Result:
    Application dismissed ; No order for costs
  • McPherson v Silver Fern Farms Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant previously received two warnings for absenteeism - Applicant issued with final warning for breach of hygiene rules - Applicant again breached hygiene rules…
    Result:
    Application dismissed ; Costs reserved
  • Dave v The Board of Trustees, Sunnydene School

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - UNJUSTIFIED DISADVANTAGE - Applicant claimed respondent failed to take reasonable steps to prevent work injury - Applicant claimed suffered unjustified disadvantage in relation to respondent putting…
    Result:
    Applications dismissed ; Costs reserved
  • Kanar v Gurleyen and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Successful arrears of wages and holiday pay claim - Successful compliance order application - Two day investigation meeting - Applicant sought contribution to costs…
    Result:
    Costs in favour of applicant ($6,145) ; Disbursements in favour of applicant ($623.05)
  • Amey v Absolute Insurance Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicant permanent or causal employee – Applicant claimed permanent employee – Respondent argued applicant wanted to remain a causal employee at all material times –…
    Result:
    Application granted (Unjustified dismissal) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($2,600 reduced to $1,560) ; Compensation for humiliation etc ($5,000 reduced to $3,000) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
  • Goodman Fielder New Zealand Ltd v Brock

    R A Monaghan [Employment Relations Authority - Auckland]

    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
  • Logan v Vets on Waiheke Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Shareholders and directors of respondent husband (“X”) and wife (“Y”) - Applicant claimed constructively dismissed following respondent’s unilateral change of employment duties – Respondent…
    Result:
    Applications dismissed ; Costs reserved