• Cottle v Maintenance Manawatu Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unfairly selected for redundancy – Respondent argued followed proper procedures and used objective criteria in selection process – Respondent advised applicant work hours…
    Result:
    Application dismissed ; Costs reserved
  • Dodds v Hi-Calibre Composites Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – No appearance for respondent – Applicant sought $2,500 arrears of wages and interest – Authority found arrears due and owing – Interest awarded – COUNTERCLAIM –…
    Result:
    Application granted ; Counterclaim dismissed ; Arrears of wages ($2,500) ; Interest (4.74%)($66.88) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Kavanagh v Ascot Aluminium Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Respondent argued applicant resigned – Authority found manager (“G”) had not formally raised concerns about applicant’s performance with applicant – Applicant told…
    Result:
    Application granted ; Reimbursement of lost wages ($12,040) ; Compensation for humiliation etc ($15,000) ; Arrears of holiday pay (12 days) ; Interest (4.7%) ; Arrears of wages (3 days) ; Penalty ($2000)(Payable to crown) ; Costs reserved
  • Searancke v Service and Food Workers Union Nga Ringa Tota Inc

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Following complaint about way applicant fulfilled duties, applicant transferred to another office to relieve tensions – Applicant also issued with warning including performance improvement plan – Performance…
    Result:
    Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Asekera and Anor v Pacificare Trust, a registered Charitable Trust and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicants sought orders for payment of wages, holiday pay and redundancy pay owed by Guardian (G) – G exercised powers to become…
    Result:
    Application dismissed ; Orders made ; Costs reserved
  • Nanai and Anor v Pacificare Trust, a registered Charitable Trust and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicants sought orders for payment of annual leave entitlements accrued while working for Pacificare (P) – Whether payment owed by P or…
    Result:
    Orders made ; Costs reserved
  • Singh and Anor v Elite Grace Growers Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful arrears of holiday pay claim and partially successful arrears of public holiday pay claim - Unsuccessful personal grievance claims - Applicants sought costs of $1,268 - Respondent…
    Result:
    Costs in favour of respondent ($500) ; Disbursements in favour of applicants ($70)(filing fee)
  • Jenner v Griffiths Drilling (NZ) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably summarily dismissed – Applicant claimed upon return from annual leave called into meeting with respondent and summarily dismissed – Applicant’s sister at meeting and…
    Result:
    Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Moore v Seaview Custom Engineering Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed respondent did not act fairly towards applicant during probationary period therefore dismissal unjustified – Respondent argued followed proper procedures and entitled to…
    Result:
    Application dismissed ; Costs reserved
  • Howard v Inner City Inter Agency Trust

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Respondent's challenge withdrawn - Applicant sought contribution to actual costs of $8,493 - Respondent argued was Trust relying on…
    Result:
    Costs in favour of applicant ($2,700) ; Disbursements in favour of applicant ($70)(filing fee)