• Newbold v Interlink Foods Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed dismissal unjustified - Respondent claimed employment ended in reliance on trial period provisions in s67A and s67B Employment Relations Act 2008 (“ERA”) - Parties disputed…
    Result:
    Applications dismissed ; Costs reserved
  • Kauri v Wei t/a Rainbow Dairy, Foxton

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Respondent summarily dismissed applicant due to numerous breakdowns in employment relationship – Respondent argued dismissal justified for redundancy – Argued unaware of legal obligations –…
    Result:
    Applications granted ; Arrears of wages ($279)(Pay for day in lieu) ($412.50)(Notice period and non-payment) ; Arrears of holiday pay ($204.72) ; Reimbursement of lost wages ($2,559) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Flower v Drill Tech (1996) Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Respondent claimed applicant left employment on amicable basis – Respondent claimed applicant employed on one month trial period – Applicant disputed trial…
    Result:
    Application dismissed ; Costs reserved
  • Subramaniam v Sustainable Business Network Inc

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent claimed deteriorating financial situation – Applicant claimed attended meeting and informed job to be disestablished – Applicant given letter outlining proposal to disestablish…
    Result:
    Application dismissed ; Costs reserved
  • Oldco PTI Ltd v Houston

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful application for removal to Employment Court (“EC”) – Half day investigation meeting – Applicant subsequently successfully applied to EC for special leave to remove matter – Applicant…
    Result:
    Costs in favour of respondent ($1,500) ; Disbursements in favour of respondent ($50)
  • Young v Bay of Plenty District Health Board

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Two and a half day investigation meeting - Respondent sought $25,500 contribution to costs - Respondent claimed substantial delay in applicant progressing claim -…
    Result:
    Costs in favour of respondent ($7,500)
  • Kelly v Wei t/a Rainbow Dairy, Foxton

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant employed by previous owner of dairy – Dairy sold and applicant understood employment would continue under current terms and conditions – Applicant claimed…
    Result:
    Applications granted ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($231) ; Arrears of holiday pay ($176.40) ; Costs reserved
  • Whitten v Ogilvy New Zealand Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Three day investigation meeting – Applicant advised incurred total costs of $40,271 plus GST - Applicant claimed applying daily tariff approach $9000 plus GST…
    Result:
    Costs in favour of applicant ($30,375) ; Disbursements ($400.60)
  • Williams v Hoggard t/a The Daily Squeeze

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Applicant claimed not paid for final three shifts of employment and owed holiday pay - Found no evidence…
    Result:
    Application granted ; Arrears of wages and holiday pay ($200) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Maoate v Allied Investments Ltd t/a Allied Security

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Application to permanently restrain disciplinary proceedings – Respondent initiated investigation into allegation applicant disclosed information to media alleging improper conduct by respondent – Respondent discovered applicant had…
    Result:
    Application dismissed ; Costs reserved