• Riddell v Goodman Fielder New Zealand Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    INTERIM INJUNCTION - Application for interim reinstatement - Applicant and contractor to respondent (“B”) had minor car accident - Applicant and B disputed extent of their contact about effecting repairs…
    Result:
    Application granted ; Costs reserved
  • Buchanan v BA Logging Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – 7 week employment – No appearance by respondent – Applicant claimed constructively dismissed by respondent – Authority found respondent had not filed statement of reply or contributed…
    Result:
    Application granted ; Reimbursement of lost wages ($5,400) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($1,807.50) ; Arrears of holiday pay ($214.20) ; Costs in favour of employee ($1,000)
  • McFadgen v Dennis Industries Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Authority to determine whether applicant should be granted leave to raise grievance out of time – Applicant did…
    Result:
    Application dismissed ; Costs reserved
  • Skerten v DL Mitchell Plumbing & Drainage Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Respondent invited applicant to attend meeting to discuss redundancy proposal including payout of one week’s wages - Respondent advised all outstanding tool money to be…
    Result:
    Application granted ; Reimbursement of lost wages ($6,552) ; Compensation for humiliation etc ($3,500) ; Recovery of monies for unlawful deductions from wages ($949.05) ; Costs reserved
  • Service & Food Workers' Union Nga Ringa Tota v Cerebos Greggs Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Applicant union sought declaration members entitled to further holiday of one week upon completion of six or more years continuous service - Respondent contended maximum annual leave was…
    Result:
    Application granted ; Costs reserved
  • Auckland Regional Council v Tilialo

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached employment agreement (“EA”) by knowingly and dishonestly authorising payments of two false invoices, and misusing funds for own benefit and benefit of…
    Result:
    Applications granted (breach of contract)(penalty) ; Damages ($9,000)(invoices); ($22,408)(legal fees); $5,408.90 (forensic IT investigation) ; ($3,000)(general damages) ; Interest (4.8%) ; Penalty ($2,000)(payable to applicant) ; Costs reserved
  • Weston v McIvor and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – No written employment agreement – Applicant’s workplace was respondents’ residential property – Applicant assaulted by first respondent’s son (“S”) – Assault occurred when S…
    Result:
    Application dismissed ; Costs reserved
  • Bramwell and Ors v Cafe Fresh Ltd and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought to recover outstanding wages and holiday pay – No appearance by respondents – No appearance by two applicants (PS and TH)…
    Result:
    Application granted ; Arrears of wages and holiday pay ($5,011.61)(MB) ; ($2,144.27)(MA) ; ($341)(LC) ; ($2,335.46)(DM) ; ($824.01)(PS) ; ($1,563.16)(TH) ; Disbursements in favour of applicants ($70)(filing fee)
  • Tam Yan v Oceania Group (NZ) Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed exceptional circumstance and just to grant leave – Respondent argued no exceptional circumstance – Applicant asked…
    Result:
    Application granted ; Costs reserved
  • O'Donnell v Waahi Paraone Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Successful penalty claim – Length of investigation meeting not specified - Applicant sought costs and disbursements totalling $2,020 – Respondent sought total costs of…
    Result:
    Costs in favour of applicant ($100) ; Disbursements in favour of applicant ($70)(Filing fee)