• Boniface (Labour Inspector) v South City Lotto & Stationary Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - No appearance for respondent - Applicant sought respondent's compliance with demand notice for outstanding holiday pay - Authority found respondent in hopeless position by complete failure to…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
  • Simpson v Tasman Glass Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – HEALTH AND SAFETY – Applicant argued respondent’s expectation of extended work hours of 70 hours per week unjustified – Applicant argued became exhausted and…
    Result:
    Application granted ; Reimbursement of lost wages ($2,353.84) ; Compensation for humiliation etc ($8,000 reduced to $7,550) ; Arrears of holiday pay ($2,235.92) ; Costs reserved
  • Patrick v John & Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful application to determine real nature of relationship – Unsuccessful counterclaim – Less than 1 day investigation meeting – Authority found applicant unreasonably caused costs to be incurred…
    Result:
    Costs and disbursements in favour of respondent ($9,000)
  • Goode Industries Ltd v Howett

    M Urlich [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
  • Manning v Nga Wahine Atawhai O Matukutureia

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructive dismissal – Respondent claimed applicant chose to resign after finding alternative employment – Applicant offered contract with Ministry of Social Development…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (recovery of monies) ($1,080)(cell phone contract) ; Costs to lie where they fall
  • Kanar v Gurleyen and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for indefinite stay of proceedings – Dates for investigation meeting vacated after applicant involved in accident – Matter put on hold until applicant sought to…
    Result:
    Applications dismissed ; Costs reserved
  • Transotway Ltd v Dowie

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONIES – Applicant sought to recover wages overpayment made to respondent – Applicant unsuccessful in attempt to recover sums through debt recovery firm – Employment agreement provided for…
    Result:
    Recovery of monies ($2,335.00) ; Interest (4.8 percent) ; Costs reserved
  • Dunlop v Kapiti Sport Ltd t/a Stiring Sports Dunedin

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – SEXUAL HARASSMENT - Applicant claimed sexually harassed by co-worker (“X”) and resignation constituted constructive dismissal – Applicant alleged X spied on applicant in changing rooms, grabbed buttocks…
    Result:
    Applications dismissed ; Costs reserved
  • McLean (Labour Inspector) v Van Doorne

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant Labour Inspector sought arrears of wages and holiday pay in sum of $2,400 – No appearance for respondent – Sum based on…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($2,400) ; Interest ($96)(one year’s interest at 4%) ; Penalty for failure to comply with requests ($1,000)(half payable to Crown, half payable to applicant) ; Penalty for failure to pay holiday pay ($1,000) (half payable to Crown, half payable to applicant) ; Disbursements in favour of applicant ($70)(filing fee) ; No order for costs
  • Nichols v IAG New Zealand Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant claimed dismissed for being strong union workplace delegate therefore unjustified – Claimed serious misconduct allegation to cover up real reason for dismissal…
    Result:
    Application dismissed ; Costs reserved