• Lowndes v Dowden t/a Safeguard Security and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed unjustified dismissal – Respondent claimed never employed applicant – Mr Dowden (“D”) traded as Safeguard Security (“S”) – Mr Preston…
    Result:
    Application granted ; Costs reserved
  • Gordon v Student Management Software Solutions Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent argued applicant misappropriated electronic code that was property belonging to respondent – Authority noted parties’ failure to provide agreed…
    Result:
    Application dismissed (Counterclaim) ; Application granted (Unjustified dismissal) ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($10,000 reduced to $9,500) ; Costs reserved
  • White v Noahs Hotel (NZ) Ltd t/a Rydges Christchurch

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Whether instructions to regularly clean within applicant’s employment duties – Applicant employed as Housekeeper Supervisor – Employment agreement (“EA”) provided applicant’s duties to check rooms and allocate rooms…
    Result:
    Applications dismissed (Unjustified disadvantage)(Penalty) ; Application adjourned (Compliance order) ; Question answered in favour of applicant ; Costs reserved
  • Reweti v Linfox Logistics (NZ) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Less than half day investigation meeting - Unsuccessful personal grievance - Respondent sought $1,500 contribution to costs and further $500 regarding additional information sought by Authority - Applicant's…
    Result:
    Costs in favour of respondent ($2,000)
  • van Meygaarden v Rave Radio Ltd formerly First Mobile Browns Bay Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Both parties achieved degrees of success in substantive determination - Respondent sought $830 as reasonable contribution to costs - Authority found applicant successful in claim - Found in…
    Result:
    Costs to lie where they fall
  • Elite Cabling Services Ltd v McMillan-Parata

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT – Applicant sought $10,528 damages for alleged breach of employment agreement and respondent’s failure to work out notice period – Respondent resigned from applicant - Applicant advised…
    Result:
    Application granted ; Damages ($3,175.83)($239.17 - Overpaid leave)($40 - Parking ticket)($2,100 - Failure to work out notice)($500 - Lost profit margin)($296.66 - Failure to return calls and return vehicle) ; Costs reserved
  • Gray v Best Removals Otago Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed following disciplinary meeting – Respondent argued applicant resigned voluntarily – Applicant received final written warning for lateness – Warning notified…
    Result:
    Application granted (Arrears of holiday pay) ; Applications dismissed (Unjustified dismissal)(Arrears of wages) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved
  • Whiu v Young & Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer - Applicant claimed first respondent applicant’s employer at all material times – No submissions received for first and second respondent – Authority found…
    Result:
    Application dismissed ; Costs reserved
  • Heeney v Frame & Mirror Ltd t/a Eco Frame & Mirror

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    SEXUAL HARASSMENT - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed resignation was constructive dismissal following bullying and sexual harassment by respondent’s director (“P”) - Applicant claimed relationship with P…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Disbursements in favour of applicant ($200)(Expenses)($70)(Filing fee)
  • Bhalla v The Ultimate Care GroupLtd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought $4,000 as reasonable contribution to costs - Respondent requested pursuant to s 40(4) Legal…
    Result:
    Sum equal to contribution made to secure legal aid grant