• Chetty v NZ Quality Auto Services Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed dismissed for refusing to follow unlawful instructions – Applicant told by respondent’s director’s wife (“J”) to pass vehicle for WOF…
    Result:
    Applications granted ; Arrears of wages ($815) ; Arrears of holiday pay ($2,673) ; Interest (4%) ; Reimbursement of lost wages ($8,965) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Xu v ANZ Sky Tours Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed bullying and unfair treatment by respondent made workplace unsafe therefore resignation reasonably foreseeable – Claimed respondent falsely alleged applicant sabotaged computer system…
    Result:
    Application granted (Arrears of holiday pay)(Penalty) ; Applications dismissed (Unjustified dismissal)(Unjustified disadvantage)(Arrears of holiday pay)(Recovery of monies) ; Dispute (Leave granted) ; Arrears of holiday pay ($6,625) ; Penalty ($500)(Failure to keep accurate holiday records)(Half payable to Crown)(Half payable to applicant) ($250)(Failure to keep wage and time records)(Payable to applicant) ; Costs reserved
  • Reid v M & D Greene

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiably dismissed - Respondents claimed applicant abandoned employment - Respondents were husband (“M”) and wife - Applicant failed to start work at required…
    Result:
    Application granted ; Reimbursement of lost wages ($3,864 reduced to $1,346) ; Recovery of monies (Counterclaim)($230.83) ; Costs to lie where they fall
  • Hickey v The Critical Group

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant had difficulty establishing working relationship with New Zealand Sales Manager - Applicant called respondent’s managing director (“W”) in Australia to discuss problems - W…
    Result:
    Application granted ; Reimbursement of lost wages ($9,729.09) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Yang v L E Builders Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful jurisdiction claim – Length of investigation meeting not specified – Respondent incurred total costs of $2,779 – Authority found $2,000 reasonable contribution appropriate – Costs in favour…
    Result:
    Costs in favour of respondent ($2,000)
  • Precision Tracking (NZ) Ltd (formerly CTL Finance Ltd) v Tait

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Application for interim injunction enforcing restraint of trade and confidentiality obligations – Off road tracking system developed for company – Applicant considered system important asset – Assets and…
    Result:
    Application granted (confidentiality obligations) ; Application dismissed (restraint of trade) ; Costs reserved
  • Lewis v City Care Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant suspended following incident involving swearing – Applicant claimed was unwell at time of incident – Dispute between parties as to entitlement to sick…
    Result:
    Application granted ; No order for costs
  • Seng & Anor v Sunshine Tiling Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Second applicant claimed unjustifiably dismissed by respondent when work permit expired – Respondent argued dismissal justified to prevent further breach of Immigration Act 1987 (“IA”) – IA…
    Result:
    Applications dismissed (Dismissal)(Disadvantage) ; Costs reserved
  • Hobson v University of Waikato

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed respondent failed to apply fair and reasonable selection criteria – Respondent argued criteria fairly applied to all candidates – No dispute regarding genuineness…
    Result:
    Application dismissed ; Costs reserved
  • Kells v NZX 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