• Ferguson and Ors v Ferguson Brothers Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Mackley Ferguson (“MF”) , Mackley William Scott Ferguson (“MWSF”) and James Ferguson (“JF”) employees of Ferguson Brothers Ltd…
    Result:
    Application dismissed ; Costs reserved
  • Le Compte v Department of Labour

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PARENTAL LEAVE - Applicant sought review of respondent’s decision no longer eligible for paid parental leave (“PPL”) - Applicant applied for PPL - Before Inland Revenue Department (“IRD”) received application,…
    Result:
    Application granted ; Orders accordingly ; Costs to lie where they fall
  • Young v Rooney Earthmoving Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustified disadvantage as respondent’s manager (‘X”) forced applicant to resign – Claimed summary dismissal unjustified as X attempted to…
    Result:
    Applications granted (Unjustified dismissal)(Arrears of wages)(Arrears of holiday pay) ; Applications dismissed (Unjustified dismissal)(Unjustified disadvantage)(Penalty) ; Contributory conduct reduced remedies to nil ; Arrears of wages (Quantum to be determined)(Leave reserved) ; Arrears of holiday pay (Quantum to be determined)(Leave reserved) ; Costs reserved
  • Smith and Anor v Comptroller of Customs

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Respondent became aware local newspaper in possession of personal and confidential information related to customs officer (“X”) – Respondent appointed investigators to…
    Result:
    Applications dismissed ; Costs reserved
  • Cheng v Bai aka Bai

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to amend entituling by way of amendment to respondent’s name – Applicant claimed respondent’s Chinese name, Jing Wei Bai should be used to identify respondent…
    Result:
    Application granted
  • Rau v Waikato-Tainui Te Kauhanganui Inc

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant (Mr Rau – employee) claimed unjustifiably dismissed by respondent who concluded applicant corresponded with newspaper reporter (“R”) – Respondent governance body established by…
    Result:
    Applications dismissed (Unjustified dismissal) (Unjustified disadvantage) ; Costs reserved
  • ABC Developmental Learning Centres (NZ) Ltd v Plasmeyer

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of $6,843 pursuant to Return to Service Agreement – Respondent argued agreement void as applicant commenced paying for practicum costs changing terms of…
    Result:
    Application granted ; Recovery of monies ($3,421.99) ; Costs reserved
  • Schmitz & Ors v Platos Greek Taverna Ltd

    D Asher [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - ARREARS OF HOLIDAY PAY - Applicants sought unpaid wages, holiday pay and interest - No appearance for respondent - Applicants’ attempts to obtain clear pay and…
    Result:
    Application granted ; Arrears of wages ($819.25)(Applicant 1)($1,753.50)(Applicant 2)($13,208.24)(Applicant 3) ; Arrears of holiday pay (Quantum to be determined)(All applicants) ; Interest (5%) ; Disbursements in favour of applicants ($70)(Filing fee)
  • Fife v Air New Zealand Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant sent email describing manager of respondent in highly derogatory and offensive terms – Applicant dismissed for serious misconduct following formal disciplinary process…
    Result:
    Application dismissed ; No order for costs
  • Li v ANZ Sky Tours Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful raising personal grievance claim - Unsuccessful arrears of wages claim - Successful arrears of holiday pay claim - Length of investigation meeting not specified - Found both…
    Result:
    Costs to lie where they fall