• Situ v Topcheer Enterprises Ltd t/a DH Supermarket Manurewa

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant claimed respondent unilaterally reduced applicant’s work hours until eventually no hours provided – Claimed respondent made no further contact with applicant – Authority…
    Result:
    Applications granted ; Arrears of wages ($825)(Arrears of wages) ; Arrears of holiday ($2,887.18) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Te Awa v Cross Country Rentals Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed dismissal unjustified as not warned of poor performance and respondent’s expectations – Respondent argued dismissal justified – Alternatively argued dismissal justified for…
    Result:
    Application granted ; Reimbursement of lost wages ($4,640 reduced to $2,320) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Disbursements in favour of applicant ($70)(Filing fee) ; No costs award
  • van der Griend v Parker Hannifin (NZ) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIIFED DISMISSAL – Serious misconduct – Applicant claimed harassment allegation unfounded and dismissal procedurally unjustified – Respondent argued applicant physically intimidated female employee (“X”) constituting serious misconduct – Altercation occurred…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($49,170)(33 weeks) ($680)(Bonus payment 1) (Quantum to be decided)(Bonus payment 2) ; Compensation for humiliation etc ($7,000) ; Costs reserved
  • Carabetta v Le Grand Hotel Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – PRACTICE AND PROCEDURES – Identity of applicant’s employer – Applicant claimed employment relationship established when ownership of applicant’s business assigned to respondent – Respondent argued no employment relationship…
    Result:
    Application dismissed ; No order for costs
  • Heslop v Langley t/a Raglan Parcels

    R Arthur [Employment Relations Authority - Auckland]

    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
  • Mills v Avatar Management Ltd t/a Maida Vale Retirement Village

    D Asher [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
  • Bay Audiology Ltd v Breems & Anor

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    RESTRAINT OF TRADE – Applicant claimed respondents breached restraint of trade in employment agreement (“EA”) – Applicant did not advise first respondent under restraint of trade before employment commenced –…
    Result:
    Applications granted (Breach of fidelity - First and second respondent) (Counterclaim – Unjustified dismissal)(First respondent) ; Applications dismissed (Restraint of trade - First respondent) (Counterclaim – Unjustified dismissal)(Second respondent) ; Parties directed to mediation ; Penalty (Quantum to be determined) ; Bonus payment (Quantum to be determined)(Second respondent) ; Costs reserved
  • Bowden v Cheth Enterprises Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant university student who worked between one and three shifts per week for respondent – Applicant claimed incidents after work where respondent’s owner (“R”)…
    Result:
    Application granted ; Reimbursement of lost wages ($1543.75) ; Compensation for humiliation etc ($7,500.00)
    • 18 May 2010

    • CA 124/10

  • Gyenge v Clifford Lamar Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent’s breach of duty sufficiently serious to make resignation reasonably foreseeable – Respondent argued applicant voluntarily resigned – Argued invoice for reimbursement…
    Result:
    Application granted (Counterclaim – Recovery of monies) ; Application dismissed (Unjustified dismissal) ; Recovery of monies ($5,069.24)(Training costs) ; No order for costs
  • Sydow v Noel & Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant initially offered and accepted employment agreement (“EA”) with base salary - Second respondent unilaterally changed remuneration to be commission only - Over five…
    Result:
    Application dismissed ; Costs reserved