• Peters v LSG Sky Chefs New Zealand Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Respondent received audit report showing significant failings in respondent’s business operations – Applicant responsible for management of operations – First meeting – Respondent asked…
    Result:
    Application dismissed ; No costs sought against applicant
  • Goldfinch v Lockley and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought payment in lieu of notice for termination of employment relationship – Respondent alleged applicant’s performance poor causing respondent to lose customer contract – Applicant…
    Result:
    Applications granted (Breach of contract)(Arrears of wages)(Arrears of holiday pay)([Recovery of monies]) ; Application dismissed (Counterclaim – Breach of contract) ; Breach of contract ($923.10)(Pay in lieu of notice) ; Arrears of wages ($276.93)(Statutory holiday) ($160)(Meal allowance) ; Recovery of monies ($197.55)(Reimbursement of monies deducted from wages) ; Arrears of holiday pay ($864)(Repayment of overpaid holiday pay to respondent) ; Interest payable (4.8%) ; Costs reserved
  • Bowkett v Greymouth Dental Centre Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought full costs of $7,499 – Applicant argued costs unreasonable and respondent briefed out of town counsel…
    Result:
    Costs in favour of respondent ($3,500)
  • Coulson v Ezi Roof NZ Ltd and Ors

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed – Respondents argued abandonment conclusion warranted as applicant failed to respond to respondents’ calls and messages – Applicant’s employment agreement (“EA”)…
    Result:
    Applications granted ; Arrears of wages (Quantum to be determined) ; Arrears of holiday pay ($916.83) ; Reimbursement of lost wages ($5,517.98) ; Compensation for humiliation etc ($3,500) ; Interest (4.49%) ; Costs reserved
  • Morgan v Thru Now Ltd t/a Lone Star Cafe and Bar

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – Less than one day investigation meeting – Applicant sought costs of $2,000 – Respondent claimed unjust for costs award to exceed value of remedies…
    Result:
    Costs in favour of applicant ($2,000)
  • Leydon v Effective Fencing Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – COSTS – Applicant claimed respondent failed to comply with terms of settlement – Parties reached agreement on wording of written reference attached to terms of settlement at mediation…
    Result:
    Application dismissed ; Disbursements in favour of applicant ($70)(filing fee)
  • Brookey v Hakasa Farming Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Parties agreed applicant would work on new farm purchased by respondent – Respondent employed replacement for applicant’s position in preparation for applicant’s…
    Result:
    Applications granted ; Arrears of wages ($484) ; Recovery of monies ($2,310)(Fuel) ($240)(Rent) ($120)(Dog food) ; Reimbursement of lost wages ($2,692.32) ; Compensation for humiliation ($4,000) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Nicholls v Redeal Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by non payment of incentive bonus - Applicant one of three branch managers mistakenly advised would receive bonus - Applicant immediately contacted once…
    Result:
    Applications dismissed ; Costs reserved
  • AB v El Centro Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – SEXUAL HARASSMENT – Short term employment – No appearance for respondent (EI Centro Limited – employer) – Applicant (AB – employee) claimed received inappropriate comments from respondent’s…
    Result:
    Applications granted ; Reimbursement of lost wages ($6,000) ; Arrears of wages ($1,409) ; Arrears of holiday pay ($191.70) ; Compensation for humiliation etc ($7,000) ; Penalty ($750)(Payable to Crown) ; ($750)(Payable to applicant) ; Interest (4.25 percent) ; Costs in favour of applicant ($950)
  • Simpson v Tasman Glass Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought full costs of $7,500 or significant contribution to costs - Applicant claimed made offer in nature of…
    Result:
    Costs in favour of applicant ($4,000)