• Simpson v Macjane Trading Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – Applicant purchased guitar which it subsequently transpired had been stolen an hour beforehand – Respondent argued applicant failed to use usual diligence and skill in…
    Result:
    Application dismissed ; Costs reserved
  • Macfarlane and Anor v Callery Holdings Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicants resigned following altercation with director – First applicant expected to have larger role in strategic management – First applicant punctured tyre on front…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Provida Foods Ltd v Davidson and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OR WAGES – First respondent sought repayment of deductions made from final pay and payment in respect of 30 days’ long service leave – Amount owed not disputed except…
    Result:
    Application granted ; Penalty payable to applicant ($1,000)(breach of restraint of trade) ($1,000)(aiding and abetting breach of restraint of trade) ; Interest (4.8%) ; Costs reserved
  • Riosa v NRG Electrical Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustified dismissal – Respondent argued business grew quickly and applicant unable to keep up with growing demands of role – Meeting held…
    Result:
    Applications dismissed ; Costs reserved
  • Nichols v Timbertech (2004) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant argued entered employment relationship in reliance on representations of obtaining equity share in company – Applicant claimed accepted reduced salary in reliance on offer of equity share…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Guida v Ogilvy New Zealand Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Respondent purchased applicant’s advertising agency - Applicant became employee of respondent for three year fixed term - Purchase price was initial payment followed by three…
    Result:
    Application granted ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Cao and Anor v Global Horticulture & Verticulture Ltd and Anor

    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
  • Williams v Eisenhart

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – ARREARS OF WAGES – No appearance for respondent – Applicant sought arrears of holiday pay – Authority found based on respondent’s admission, holiday pay due…
    Result:
    Application granted (Arrears of holiday pay) ; Application dismissed (Arrears of wages) ; Arrears of holiday pay ($400) ; Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Redshaw v Auckland City Council

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached employment agreement (“EA”) by paying applicant at lesser salary base than contractually entitled to – Respondent argued no breach as new salary…
    Result:
    Application granted ; Arrears of wages (Quantum to be determined) ; Application dismissed (Penalty) ; Costs reserved
  • Mazrouaa v Kordia Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant returned to work 11 days late from period of annual leave – Applicant argued subject to prior discrimination which affected decision to dismiss…
    Result:
    Application dismissed ; Costs reserved