• Al-Kabban v VPharmacy Ltd (in receivership)

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Receivers appointed to respondent – Respondent told applicant unable to be kept on as trouble with business – Applicant claimed hugged respondent…
    Result:
    Application granted ; Reimbursement of lost wages ($11,200) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Cao and Anor v Global Horticulture & Verticulture Ltd and Anor

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – PENALTY – No appearance for respondents - Applicants sought compliance with earlier Authority determination – Communications with second respondent made clear determination breached and aware compliance order…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($2,000)($1,000)(First applicant) ($1,000)(Second applicant) ; Costs in favour of applicants ($700)
  • Halsey v Computer Mate Ltd

    R A Monaghan [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by applicant’s bullying actions – Respondent denied applicant bullied – Argued dismissal justified for failure to follow…
    Result:
    Applications dismissed ; Costs reserved
  • Young v Bay of Plenty District Health Board

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought stay of costs order pending grant of leave from Employment Court (“EC”) to challenge Authority determination – Respondent consented to stay on basis applicant…
    Result:
    Orders made ; No order for costs
  • Perry v Newton and Anor

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT COMPLIANCE ORDER - Parties had previously agreed to consent order - Due to difficult financial circumstances respondents unable to comply with consent order - At investigation meeting parties agreed…
    Result:
    Orders made ; No order for costs
  • Priston v Sexual Abuse Healing Centre (Whanganui) Inc

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s failure to particularise complaint made against applicant caused disadvantage – Claimed unjustifiably dismissed after made clear did not want to resign…
    Result:
    Application granted (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Chivers and 30 Ors v Foodstuffs South Island Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – First issue, whether issuance of resolution proposing a strike an action which constituted a “strike” under s81 Employment Relations Act 2000 (“ERA”) – Second issue if action not…
    Result:
    Questions answered in favour of applicant union members ; Costs reserved
  • Ingoe v Eastland Agriculture Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Under mediated settlement respondent to pay applicant compensation sum by specified date - Respondent made payment late and withheld sum…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
  • Singh and Anor v JR Hospitality Ltd (in liquidation) and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicants brought to New Zealand to work in respondents’ restaurants – Investigation postponed for more than two years because of criminal trial involving director…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (arrears of wages and holiday pay) (penalty) ; Arrears of wages and holiday pay ($33,443)(AS) ($26,289)(BS) ; Interest (5.2%) ; Penalty ($3,000)(AS) ($3,000)(BS)
  • McFall v Lyttelton Port Company Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Incapacity - Applicant suffered head injury when punched in head while playing rugby - Applicant unfit for work for number of months - Applicant placed on graduated…
    Result:
    Application dismissed ; Costs reserved