• New Zealand Dairy Workers Union Te Runanga Wai U v Tatua Co-operative Dairy Company Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant sought compliance with clause in collective employment agreement (“CEA”) – Respondent disputed applicant’s interpretation of CEA – Clause in CEA (“clause”) provided for entitlements to special holidays…
    Result:
    Orders made ; No order for costs
  • Patel & Anor v Patel & Ors

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Translator assisted investigation - Respondents argued applicants volunteers not employees – Applicants claimed recently immigrated with young children and entered agreement to work in respondents’ store at rate…
    Result:
    Applications granted ; Arrears of wages (quantum to be determined) ; Arrears of holiday pay (quantum to be determined) ; Interest (4.79%) ; Penalty ($2,000)(payable to applicants and Crown jointly) ; Orders made ; Costs reserved
  • Lawrence v European Specialists Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following series of unjustified written warnings – Respondent alleged theft amounting to serious misconduct – Employment relationship deteriorated – Applicant…
    Result:
    Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($6,000)(First written warning) ($2,000)(Second written warning) ; Costs reserved
  • Wiegerinck v Farmers Trading Company Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES - Applicant claimed commission payments incorrectly calculated in accordance with employment agreement (EA") - Applicant sought recalculation of commission payments - Authority noted onus on applicant to…
    Result:
    Application dismissed ; Costs reserved
  • Lambert v Hawkes Bay Today Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent breached duty to provide safe workplace making resignation reasonably foreseeable – Respondent argued all reasonable steps taken to…
    Result:
    Application dismissed ; Costs reserved
  • Pollock v Aotearoa Coolstores Ltd & Anor

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Applicant successful in earlier determination - Applicant awarded compensation, lost wages, and contribution to costs - Applicant sought second respondent be directed to ensure compliance by first…
    Result:
    Compliance ordered ; Costs in favour of applicant ($1254.96)
  • Chisholm v Ministry of Social Development

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – 28 years employment – Applicant claimed unjustified disadvantage and breach of contract – Respondent argued grievances not raised in time and did not unjustifiably disadvantage applicant…
    Result:
    Applications dismissed ; Costs reserved
  • McGruther v Events Security Services Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Triangular employment – No appearance for respondent – Authority satisfied respondent on notice of investigation meeting and had to bear consequences for non-appearance – Applicant employed by…
    Result:
    Applications granted ; Reimbursement of lost wages ($3,840.00) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($364.80) ; Interest ($18.06) ; Penalty ($1,000) (Payable to crown) ; Costs in favour of applicant ($1,500) ;
  • Simich & Ors v Air New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – International Civil Aviation Organisation amendment 167 allowed pilots to hold pilot in command (“PIC”) positions to age of…
    Result:
    Application granted ; Costs reserved
  • Poulter v Anitpodean Growers Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful jurisdiction claim - Half day investigation meeting - Respondent sought contribution to reasonably incurred costs of $4,600 - Applicant claimed personal belongings under control of respondent’s lawyers…
    Result:
    No order for costs