• Bennet v Bishop and Anor t/a Debtor Communications

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed employee at all material times – Respondent argued independent contractor as applicant’s earnings not subject to PAYE – Authority found…
    Result:
    Applications granted (Jurisdiction)(Unjustified dismissal)(Arrears of Wages)(Arrears of holiday pay) ; Application dismissed (Counterclaim - Recover of monies) ; Reimbursement of lost wages ($3,600 reduced to $3,240) ; Compensation for humiliation ($10,000 reduced to $9,000) ; Arrears of wages and holiday pay ($684.14) ; Costs reserved
  • Precision Tracking (NZ) Ltd (Formerly CTL Finance Ltd) v Tait

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant challenging Authority’s interim determination - Applicant sought removal of substantive proceedings to EC - Respondent advised matter…
    Result:
    Application granted ; Costs reserved
  • Salinger v National Institute of Water & Atmospheric Research Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Following performance concerns applicant reminded of obligation to comply with respondent’s Media Statements policy (“policy”), other policies, and given specific instructions about how to…
    Result:
    Applications dismissed ; Costs reserved
  • Johnson v Te Runanga o Kirikiriroa Trust Inc

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed dismissal procedurally and substantively unjustified – Respondent argued applicant verbally and physically abused co-worker therefore summary dismissal justified – Applicant received letter alleging…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Turei v Icon Security Group Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    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
  • Thickpenny v Superior Sheetmetals Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed dismissal unjustified - Respondent admitted redundancy process could have been handled better but redundancy genuine - Respondent’s director (“X”) approached another company (“P”)…
    Result:
    Application granted ; Compensation for humiliation etc ($4,500) ; Costs reserved
  • Northland Homebased Childcare Services Ltd v Borrie

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Respondent sought $4,415 full costs award at interlocutory stage of proceedings – Respondent claimed costs warranted as applicant withdrew application for compliance order and pursuing breach of contract…
    Result:
    Application dismissed ; Costs reserved
  • Boyde v Mills Chapman Communications 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 - Respondent to pay applicant arrears of wages…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Knight v Offshore Marine Services (NZ) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought solicitor-client costs and airfare expenses, totalling $8,982 – Respondent argued airfare expenses reasonable as needed…
    Result:
    Costs in favour of respondent ($1,500)
  • Callaghan v Taege Manufacturing Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Good faith – Applicant claimed redundancy procedurally unjustified and alleged respondent breached good faith obligations – Respondent suffered from financial difficulties and needed to implement…
    Result:
    Application granted (Unjustified dismissal – Redundancy) ; Application dismissed (Unjustified dismissal - Breach of good faith) ; Compensation for humiliation etc ($2,500) ; Costs reserved