• Aitken v Amatrac Enterprises Ltd t/a Nandos Beckenham

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent – Applicant claimed redundancy not genuine therefore dismissal unjustified – Applicant suffered injury before required to start shift work – Applicant…
    Result:
    Applications granted (Unjustified dismissal)(Arrears of holiday pay) ; Applicant dismissed (Recovery of monies) ; Arrears of holiday pay ($720) ; Reimbursement for lost wages ($2,707.16) ; Compensation for humiliation etc ($2,000) ; Costs to lie where they fall ; Disbursements in favour of applicant ($70)(Filing fee)
  • Duff (Labour Inspector) v Azzurro Ventures Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – PENALTY – Applicant Labour Inspector on behalf of employee (“C”) sought arrears of holiday pay – Sought penalty for breaches of s75 Holidays Act 2003…
    Result:
    Applications dismissed ; Costs reserved
  • Kelleher v Wiri Pacific Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful practice and procedure application – Unsuccessful substantive application – Three day investigation meeting – Respondent sought $12,000 as reasonable contribution to costs – Respondent argued Calderbank offer…
    Result:
    Costs in favour of respondent ($9,000)
  • ANZ National Bank Ltd v Hussain

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - No appearance for respondent - Respondent suspended while applicant investigated allegations respondent’s breaches of mortgage application processing procedures amounted to negligence and had allowed fraudulent activities…
    Result:
    Application granted ; Penalty($54,000)(Payable to applicant) ; Costs reserved
  • Ma'a v Brix n Blox Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed without warning - Respondent claimed applicant’s work not up to expected standard and entitled to dismiss applicant in reliance on agreed trial period…
    Result:
    Application granted ; Reimbursement of lost wages ($4,531.81) ; Costs reserved
  • C V AL Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Applicant to pay respondent $10,000 contribution to costs
    Result:
    Consent order granted; Orders made ; Costs in favour of respondent ($10,000)
  • New Zealand Air Line Pilots' Association Inc v Mt Cook Airline Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Applicant to pay respondent $2,500 contribution to costs
    Result:
    Consent order granted; Orders made ; Costs in favour of respondent ($2,500)
  • Gibbons v Hays Specialist Recruitment (AUST) Pty Ltd

    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
  • Service v Young Men's Christian Association of Christchurch Inc

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Further determination to Service v Young Men's Christian Association of Christchurch Inc.
    Result:
    Orders made
  • Manson v Tom Ryan Cartage Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant’s evidence preferred as respondent failed to provide detailed evidence – Applicant fitted tyres from respondent’s workshop on own vehicle without respondent’s consent –…
    Result:
    Applications granted ; Reimbursement of lost wages ($8,100 reduced to $4,050) ; Compensation for humiliation etc ($8,000 reduced to $4,000)(Unjustified dismissal) ($4,000)(Unjustified disadvantage) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved