• Villegas v Visypet (NZ) Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed conducts not sufficiently serious to cumulatively amount to serious misconduct – Respondent argued dismissal justified for continuous failure to follow lawful instructions…
    Result:
    Application dismissed ; Costs reserved
  • Botes v Engineering Recruiters Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant sought reimbursement of work expenses – Applicant claimed parties verbally agreed costs incurred would be reimbursed - Respondent argued no agreement made therefore no obligation…
    Result:
    Application granted (Unjustified disadvantage) ; Application dismissed (Recovery of monies)(Unjustified dismissal) ; Compensation for humiliation etc ($250) ; Costs reserved
  • Evans-McLeod v Telecom New Zealand and Ors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether second, third and fourth respondents applicant’s employer – Authority found respondents all senior managers – Found documentation showed first respondent applicant’s employer at all material…
    Result:
    Application dismissed ; Costs reserved
  • Mangar v South Wairarapa District Council

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant appealed Authority determination of no unjustified disadvantage and no breach of good faith to EC – Following…
    Result:
    Application granted ; Matter removed to Employment Court ; No order for costs
  • Seelen v Ash Air (NZ) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy procedurally unjustified causing disadvantage – Respondent argued redundancy justified – No dispute redundancy genuine – Respondent sent memorandums to…
    Result:
    Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($6,000)(Unjustified disadvantage) ; Costs reserved
  • Irwin v Calypso Innovations Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – PENALTY – Applicant sought compliance with settlement agreement – Sought penalty for breach of agreement – Undisputed sum remained due and owing – Respondent replied to applicant’s…
    Result:
    Application granted ; Compliance Ordered ; Penalty ($300)(Payable to applicant)
  • Westwell v Wheeler

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen Authority investigation – Applicant previously not awarded costs because of Calderbank offer – Applicant sought to have costs application reopened as informed Authority…
    Result:
    Application granted
  • Zhang v Sam's Fukuyama Food Service Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed breach of company rules not sufficiently serious to justify dismissal – Respondent argued applicant consistently failed to follow lawful instructions therefore dismissal…
    Result:
    Application granted (Arrears of wages) ; Applications dismissed (Unjustified dismissal)(Unjustified disadvantage) ; Arrears of wages ($82.50) ; Costs reserved
  • Ingham (Labour Inspector) v August Models and Talent Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - No appearance for respondent - Applicant sought compliance with Authority determination - Authority satisfied respondent had not complied with earlier determination - Respondent warned of consequences of…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
  • Masoe v Te Roopu Awhina Ki Porirua Trust

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissal for redundancy unjustified – Applicant, without notice, dismissed for redundancy – Applicant advised to leave workplace immediately – Applicant raised personal grievance…
    Result:
    Applications granted (Unjustified dismissal)(Unjustified disadvantage) ; Application dismissed (Penalty - Good faith) ; Reimbursement of lost wages (Reserved)(Unjustified disadvantage) ; Compensation for humiliation etc ($8,000)(Unjustified dismissal) ($6,000)(Unjustified disadvantage) ; Special damages (Reserved) ; Costs reserved