• Church v James Hardie NZ Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant dismissed for redundancy following consultation process - As result of economic downturn respondent had sought to reduce costs - Respondent determined functions of applicant's…
    Result:
    Application dismissed ; Costs reserved
  • Northridge Chemists Ltd v Keightley (Labour Inspector)

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – No appearance for applicant – Respondent Labour Inspector served demand notice on applicant to pay former employee (“S”) outstanding holiday pay in respect of day in…
    Result:
    Application dismissed ; Orders made
  • Jack v Auckland City Council

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for use of taxi voucher in breach of respondent's policies - Applicant given taxi voucher for use to get home from staff…
    Result:
    Application dismissed ; Costs reserved
  • Phillips v Agricultural and Lifestyle Machinery New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with record of settlement – Respondent claimed could not afford to pay and payments would have to be by instalments – Respondent failed to…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee)
  • Clark v Idea Services Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed suspension and summary dismissal unjustified – Respondent argued dismissal for serious misconduct procedurally and substantively justified – Meeting held…
    Result:
    Applications dismissed ; Orders made ; Costs reserved
  • Myatt (Labour Inspector) v Pecks Cottage Bakeries Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Authority found respondent failed to participate in investigation - Authority satisifed monies owing properly claimed - Found applicant…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($157.72) ; Penalty ($1,800)(Payable to Crown)
  • Neill v Frank and Peter Builders Ltd t/a The Bathroom Store

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Authority found respondent applicant’s employer - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified – Respondent argued redundancy for genuine business…
    Result:
    Application granted ; Arrears of wages ($540)(Pay in lieu of notice) ; Compensation for humiliation etc ($750) ; No award for costs ; Disbursements in favour of applicant ($70)(Filling fee)
  • Maddern v Worldxchange Communications Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Respondent received disproportionate number of complaints about applicant’s service - Respondent’s concerns about applicant’s performance initially dealt with in informal way - When complaints…
    Result:
    Applications dismissed ; Costs reserved
  • Turner v Siemens (NZ) Ltd t/a Siemens Energy Services

    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
  • Elite Cabling Systems Ltd v McMillan-Parata

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful breach of contract claim – Length of investigation meeting not specified – No appearance for respondent – Applicant sought $2,000 costs – Authority found no recent details…
    Result:
    Costs in favour of applicant ($2,000)