• Barratt v Te Puna Reo O Wairaka Unitec Maori Kaupapa Early Childhood Centre Inc.

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent received allegations applicant smacked one child, hit another child across back of head and threatened own grandchild with smacking while working at respondent…
    Result:
    Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($7,000) ; Costs reserved
  • NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Steelfort Engineering Company Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – GOOD FAITH – COMPLIANCE ORDER – Applicant sought compliance with s32(1)(e) Employment Relations Act 2000 (“ERA”) – Applicant sought declaration respondent breached good faith obligation by refusing to…
    Result:
    Question answered in favour of respondent ; Applications dismissed ; Costs reserved
  • Whitehead v Modica Group Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – DISPUTE – Whether applicant underpaid performance bonus pursuant to employment agreement (“EA”) – Applicant claimed bonus to be calculated quarterly and uncapped – Claimed failure to…
    Result:
    Question answered in favour of respondent ; Application dismissed ; Costs reserved
  • Kanar v Gurleyen & Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – No appearance for first respondent – Identity of employer – Applicant claimed first respondent applicant’s employer – Claimed second respondent subsequently became employer after company…
    Result:
    Applications granted ; Compliance ordered ; Orders made ; Arrears of wages ($18,348) ; Arrears of holiday pay ($1,100.88) ; Reimbursement of lost wages ($8,640) ; Compensation for humiliation etc ($3,000) ; Penalty ($1,000)(Payable to applicant) ; Costs reserved
  • Gilbert v Transfield Services (New Zealand) Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Respondent reviewed business needs after securing new client contract – Same redundancy process implemented throughout national offices – Meetings held with affected…
    Result:
    Applications dismissed ; Costs reserved
  • Morrison v Westland Co-Operative Dairy Company Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Applicant was witnessed driving forklift negligently or recklessly causing damage to respondent’s property – Investigation held – Disciplinary meeting concluded applicant committed…
    Result:
    Application granted ; Costs reserved
  • Tan v Wong & Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to join first respondent’s company (“X”) as party to proceedings – Authority raised identity of applicant’s employer at early stage of substantive proceedings – Authority…
    Result:
    Application granted ; Costs reserved
  • Watson v Progressive Enterprises Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful interim injunction - Successful personal grievance – Unsuccessful penalty claim - Length of procedural and substantive investigation meetings not specified – Costs determination relates to separate but…
    Result:
    Costs in favour of respondent ($2,500)(Successful interim restatement defence) ; Costs in favour of applicant ($3,096.75)(Reimbursement for compliance application) ($4,000)(Penalty costs) ; Costs to lie where they fall (Unjustified dismissal)
  • Aberahama v Fusion Building BOP Ltd & Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – ARREARS OF HOLIDAY PAY - PRACTICE AND PROCEDURE – Application for arrears of wages and holiday pay adjourned to allow Labour Inspector determine whether to make…
    Result:
    Applications granted ; Arrears of wages ($1,670) ; Holiday pay ($721.40) ; Interest (4.5%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Ferguson v Cavalier Spinners Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Following investigation meeting 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