• Lakatani v Bananas Bananas Bananas Bananas Ltd (formerly GSC People Ltd)

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed for redundancy - Respondent claimed dismissal justified on financial grounds - Applicant had 20 percent shareholding in respondent - Applicant paid…
    Result:
    Application dismissed (unjustified dismissal) ; Applications granted (arrears of wages and holiday pay) ; Arrears of wages ($7,083.34) ; Arrears of holiday pay ($2,533.85) ; Interest (3.1%) ; Costs reserved
  • Morris v Rotorua District Council

    D King [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Application to raise personal grievance out of time – Applicant claimed union representative failed to raise problem as instructed – Union representative asked for meeting between…
    Result:
    Application dismissed ; Costs reserved
  • Myatt (Labour Inpsector) v Antipodean Growers Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant Labour Inspector sought compliance with Authority determination – No appearance for respondent – Authority found no good cause for respondent’s failure to attend – Compliance ordered…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee)
  • Russell (Labour Inspector) v Genesis Trust Inc.

    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
  • Fulton v Canstaff Ltd & Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – Applicant accepted employment agreement with personnel company and given temporary assignment – Applicant claimed given less than hour notice not to attend work one day during…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages (6 weeks) ; Compensation for humiliation etc ($3,000) ; Applications dismissed (Recovery of monies) (Arrears of wages) ; Costs reserved
  • Lenihan v Conspec Construction Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Whether applicant permanent or causal employee - Applicant claimed permanent employee - Respondent claimed applicant casual employee - Respondent claimed made it clear to applicant employed…
    Result:
    Applications dismissed ; Costs reserved
  • Parohinog v ANZ National Bank Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant made series of complaints about managers over extended period – Respondent thoroughly investigated complaints – Authority found respondent reasonable in becoming increasingly concerned…
    Result:
    Applications dismissed ; Costs to lie where they fall
  • Dabb v K & S Employment Agency Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Respondent claimed applicant lodged personal grievance before raising it with respondent and did not provide enough detail of personal grievance to allow it to be addressed…
    Result:
    Application granted ; Reimbursement of lost wages ($792 reduced to $594) ; Compensation for humiliation etc ($3,500 reduced to $2,625) ; Costs reserved
  • New Zealand Dairy Workers Union Te Runanga Wai U Inc v Fonterra Co-Operative Group Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Dispute about interpretation of collective employment agreement – Length of investigation meeting not specified – Authority suggested costs to lie where they fall – Applicant sought order for…
    Result:
    Costs to lie where they fall
  • Samuels v Lewis Equipment Company Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Two day investigation meeting – Applicant sought $15,000 costs plus airfare – Respondent refused applicant’s settlement offer – Authority found had respondent accepted settlement…
    Result:
    Costs in favour of applicant ($10,000) ; Disbursements in favour of applicant ($1,616.63)(airfare and filing fee)