• Visser v Waiotahi Contractors Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - Application for interim reinstatement - Applicant’s employment terminated for redundancy - Applicant claimed dismissal unjustified - Applicant claimed redundancy not genuine - Applicant claimed as former duties still…
    Result:
    Application dismissed ; Costs reserved
  • Cheng v Bai

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than half day investigation meeting - Applicant cited spent $3,180 on legal aid and sought order for costs in their favour …
    Result:
    Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Morgan v Thru Now Ltd t/a Lone Star Cafe and Bar

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant developed dermatitis on hands as result of work – Gloves not always available which exacerbated problem – Applicant allowed to finish early because of irritation –…
    Result:
    Application granted ; Reimbursement of lost wages (2.4 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved
  • Courtney v Super Cheap Auto (New Zealand) Pty Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent in disciplinary process – Applicant claimed employment agreement (“EA”) lacked provision for disciplinary procedures – Claimed disciplinary process and investigation carried…
    Result:
    Application dismissed ; Costs reserved
  • C v AL Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Non-publication order to continue until further review - UNJUSTIFIED DISMISSAL – Serious misconduct – Sexual harassment – Applicant dismissed following respondent’s investigation into allegations applicant obtained…
    Result:
    Application dismissed ; Orders made ; Costs reserved
  • Teokotai v Liucrum Ltd

    G J Wood [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
  • Kirk v Chief Executive, Department of Corrections

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Constructive dismissal – Good faith - Applicant’s position disestablished after respondent’s restructure – Respondent advised applicant positions of area accountant and regional…
    Result:
    Applications dismissed ; Costs reserved
  • Younis v Ace Locksmiths Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant claimed owed four weeks pay in lieu of notice following termination of employment - Respondent claimed applicant asked to take a month off work because…
    Result:
    Applications granted ; Arrears of wages ($2,769.24)(Pay in lieu of notice) ; Arrears of holiday pay ($1,066.16) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Eastern Bay Independent Industrial Workers Union Inc v Carter Holt Harvey Limited

    D King [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Second applicants sought interim reinstatement – Second applicants, members of first applicant union, claimed unjustifiably dismissed for redundancy - Both applicants sought order restraining respondent from implementing decision…
    Result:
    Application dismissed ; Costs reserved
  • Forrest v Nelson Bays Community Law Service Inc

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employed by respondent – Applicant claimed unjustified dismissal – Respondent argued applicant never employed so not dismissed – Applicant applied for position but unsuccessful – Respondent…
    Result:
    Application dismissed ; Costs reserved