• Burke v Compass Group New Zealand Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Whether applicant entitled to retiring gratuity under 2006/2007 collective employment agreement (“CEA”) – 1993/1994 CEA provided employees party to CEA prior to 1993, and had no less than…
    Result:
    Question answered in favour of applicant ; Disbursements in favour of applicant ($70)(Filing fee)
  • Air National Corporate Ltd & Anor v Pamart & Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – No appearance for respondent – Declined respondent’s application for adjournment - Applicant sought compliance against respondent to pay $25,126 pursuant to employment agreement (“EA”) – EA provided…
    Result:
    Compliance ordered ; Interest (2.7%) ; Application dismissed (Unjustified dismissal) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($70)(Filing fee)
  • O'Donnell v Waahi Paraone Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent failed to provide written employment agreement, employment records, reasons for dismissal and made unlawful deductions from wages – Respondent accepted no…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Penalty) ; Penalty ($100)(Payable to Crown) ; Costs reserved
  • Russell v Vice Chancellor of the University of Auckland

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed dismissal unjustified as poor performance allegations false – Respondent argued applicant’s performance failed to improve after proper performance management procedures followed –…
    Result:
    Application dismissed ; Costs reserved
  • Hilliard v McAdam Holdings Ltd t/a Direct Office Furniture

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy sham and dismissal due to performance – Applicant claimed employment agreement (“EA”) signed under duress - Respondent’s managing director (“M”) accepted applicant…
    Result:
    Application dismissed ; Costs reserved
  • Kim v Kenzo ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought contribution to total costs of $7,599 - Authority found respondent more successful party than applicant…
    Result:
    Costs in favour of respondent ($5,890.86)
  • Anderson v Clip Joint Hair Salon

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed by respondent’s behaviour at and after disciplinary meeting – Respondent argued entitled to raise performance concerns and applicant unable to…
    Result:
    Application granted (disadvantage) ; Application dismissed (dismissal) ; Compensation for humiliation etc ($500 after contribution) ; Costs reserved
  • Park v Coffee Suppliers Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant and co-worker (“B”) started on same day – B’s sales figures higher than applicant’s – Manager (“R”) gave applicant tips – Applicant claimed felt intimidated and…
    Result:
    Application dismissed (dismissal) ; Application granted (arrears of wages) ; Arrears of wages (quantum to be determined) ; Costs reserved
  • Downer EDI Engineering Ltd v New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Dispute over redundancy entitlements of “affected employees” employed by applicant before commencement of collective employment agreement (“CEA”) who subsequently became members of respondent union – Applicant argued affected…
    Result:
    Questions answered ; Costs to lie where they fall
  • Pollock v Aotearoa Coolstores Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – No appearance for respondent – Applicant claimed unjustified suspension and dismissal – Respondent argued unauthorised absences by applicant and refused to give up secondary…
    Result:
    Application granted (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage)(Penalty) ; Reimbursement of lost wages (Less other earnings)(Quantum to be determined) ; Compensation for humiliation etc ($12,000) ; Costs in favour of applicant ($2,000)