• Kelly and Anor v Lodge at 199 Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – No appearance for second applicant – Applicants claimed respondents failed to pay salary, holiday pay, and allowances – Authority found nothing intrinsically…
    Result:
    Application dismissed ; Costs reserved
  • Miller v Fonterra Co-Operative Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – After applicant resigned, charged with offences relating to erroneous export entries – Applicant discharged without conviction – Applicant…
    Result:
    Application granted ; Matter removed to Court ; Costs reserved
  • A v B

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Application for interim reinstatement – Length of service 16 years – Applicant provided employment advice to senior employee (“E”) of client of respondent - Part way through conversation…
    Result:
    Application dismissed ; Costs reserved
  • Bergman v Pascoe Enterprises (2000) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged when respondent altered hours of work and rate of pay to that not in accordance with employment agreement (“EA”) – Upon applicants return…
    Result:
    Applications granted (Disadvantage) (Dismissal) ; Reimbursement of lost wages ($1260) ; Compensation for humiliation etc ($5,000) (Dismissal) ; Costs reserved
  • Douglas v Franklin Plumbers and Builders Supplies Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant claimed personal grievance raised within 90 days – Respondent requested applicant to attend disciplinary meetings – Applicant challenged respondent’s justifications for actions taken – Applicant…
    Result:
    Application granted ; No order for costs
  • Hughes-Sparrow v Rug Doctor (New Zealand) Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy procedurally and substantively unjustified – Respondent argued followed fair redundancy process – Respondent held presentation on restructure proposal and expressly notified applicant…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Arrears of Wages) ; Arrears of wages ($521.35) ; Costs reserved
  • Murphy v Airdrie Towing (2007) Ltd and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Settlement agreement stated respondents to pay applicant $4,000 – Full payment not made by date specified in agreement – Applicant claimed respondents’ default meant agreement null and…
    Result:
    RESULT: Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee)
  • Horomia v Birch Logging Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed arrears of wages and holiday pay owed since respondent ceased trading - Respondent accepted sums owed - Respondent claimed unable to…
    Result:
    Application granted ; Arrears of wages and holiday pay ($3735.26) ; Interest ($132.62) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Smith v Accident Compensation Corporation

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s failure to promptly respond to applicant’s job application breached employment agreement (“EA”) – Respondent argued correct procedures followed – EA provided respondent required to…
    Result:
    Application granted ; Compensation for humiliation etc ($2,500) ; Costs awarded in favour of applicant ($2,000)
  • John v Airways Corporation of New Zealand Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Incapacity - Applicant transferred from largely non operational position at Wellington Tower to operational role at Nelson Tower - Applicant had to undergo training…
    Result:
    Application dismissed ; Costs reserved