• Phillips v Ports of Auckland Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant dismissed for failing to notify respondent of non-attendance at work – Applicant claimed respondent failed to consider applicant unwell before making dismissal decision – Applicant sought…
    Result:
    Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($5,000)
  • Spiller v JDR Patrick & Co Ltd t/a Fagan & Hannay

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed disadvantaged by misappropriation incident at work and unilateral variation of hours – Applicant removed small amount of scrap metal for own use – Applicant accused…
    Result:
    Application granted (unjustified disadvantage)(unilateral reduction of hours) ; Reimbursement of lost wages (4 days wages) ; Compensation for humiliation etc ($3,000) ; Application dismissed (unjustified disadvantage)(misappropriation incident) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Crane v Century Drilling & Energy Services (NZ) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed for failure to comply with respondent’s code of conduct when disregarded health and safety policies and procedures - Applicant instructed to…
    Result:
    Application dismissed ; Costs reserved
  • Ingham (Labour Inspector) v August Models and Talent Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant labour inspector sought order for payment of outstanding wages of $258 – No appearance for respondent – Respondent’s claim unaware of scheduled investigation meeting rejected…
    Result:
    Application granted ; Arrears of wages ($258) ; Interest (4.8%) ; Penalty ($1,000)(payable to Crown)(failure to pay minimum wage) ($1,250)(payable to Crown)(failure to produce wage and time records) ; Disbursements in favour of applicant ($70)(filing fee)
  • Li v ANZ Sky Tours Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant claimed unjustifiably dismissed when respondent told her would no longer be supporting her work permit application - Applicant…
    Result:
    Applications dismissed (Raising personal grievance)(Arrears of wages) ; Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($306.22) ; Costs reserved
  • Cullen v BOC 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
  • Isaac v The Ministry of Social Development

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant sought removal of constructive dismissal and unjustified disadvantage claims - Applicant claimed EC already had before…
    Result:
    Application granted ; Matter removed to Court ; No order for costs
  • Scragg v McAlpine Hussman Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed - Respondent claimed employment ended due to frustration of contract - Alternatively claimed if dismissal then justified - Respondent terminated…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Costs reserved
  • Cruikshank v Chief Executive, Unitec Institute of Technology

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Serious misconduct – Respondent and Plumbing, Gasfitting, Drainlaying and Roofing Industry Training Organisation (“PGDRITO”) reached agreement respondent would begin offering courses developed by PGDRITO…
    Result:
    Application dismissed (Dismissal) ; Application granted (Disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved
  • Smith v Wairarapa Medical Ltd (In liquidation)

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed dismissal unjustified as no prior notice of reasons given and no opportunity to comment before decision made – Authority found…
    Result:
    Application granted ; No order for costs