• Lloyd-Barker v The Society for the Preventions of Cruelty to Animals Auckland Inc.

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed firstly, unjustifiably disadvantaged in consideration for CEO role and secondly, for two warnings received – Respondent denied applicant suffered any disadvantage during employment – Applicant…
    Result:
    Application dismissed (Dismissal) ; Application granted (Disadvantage) ; Compensation for humiliation etc ($500) ; Costs reserved
  • Spemann v Hirequip Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably suspended and dismissed by respondent – Applicant’s supervisor (“S”) complained to manager applicant had refused request to complete work and swore…
    Result:
    Applications dismissed (Dismissal)(Disadvantage) ; Costs reserved
  • Clayton v Ports of Auckland Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful interim injunction – Less than two hour investigation meeting – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought costs of $4,500 – Parties…
    Result:
    Costs in favour of respondent ($4,000)
  • Upchurch v Te Ngawari Hauora Charitable Trust t/a Ngawari Medical Centre

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement for monies owing plus interests and costs – Respondent claimed no money to pay applicant and preferred longer time for payment –…
    Result:
    Compliance ordered ; No order for costs
  • Auto Movements (NZ) Ltd v Read

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with consent determination – Respondent agreed not to transport any vehicles for reward until specified date – Applicant relied on evidence respondent seen transporting…
    Result:
    Application dismissed ; Costs reserved
  • Gilbert v Transfield Services (New Zealand) Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Applicant sought reinstatement following redundancy – Applicant argued redundancy substantively and procedurally unjustified – Applicant argued no genuine business reasons to justify…
    Result:
    Application dismissed ; Costs reserved
  • Ramsay v New Zealand Cards Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed dismissed during meeting with respondent’s director (“B”) - Respondent claimed applicant not dismissed, rather abruptly left worksite saying would call following day but never did…
    Result:
    Application granted ; Reimbursement for lost wages (8 weeks) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Wickbom v DRH (Northland) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed employee at all material times – Respondent argued principal-contractor relationship at all material times – Applicant shareholder and employee of…
    Result:
    Application dismissed ; Costs reserved
  • McClutchie v Shane Parore t/a The Thirsty Dog Bar & Cafe

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Whether 90 day trial period in s67A Employment Relations Act 2000 (“ERA”) applicable - Applicant signed written employment agreement (“EA”) five weeks…
    Result:
    Application granted ; Reimbursement of lost wages ($5,148)(4 months) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Wiperi v Palms Private Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – No appearance for applicant – Applicant claimed overworked and intimidated in employment which caused applicant to resign –…
    Result:
    Application dismissed ; No order for costs