• Stephens v Clarke Electrical Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed employment under fixed term employment agreement (“EA”) unlawful and redundancy unjustified – Respondent argued applicant knew employment temporary at all material times and…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Fraser v Heritage Expeditions Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Investigation reopened – Identity of employer – No appearance for respondent - Previous Authority determination granted applicant’s personal grievance against Heritage Travel Group Limited (“HTGL”) –…
    Result:
    Application granted ; Orders made ; Costs in favour of applicant ($2,042.50) ; Disbursements in favour of applicant ($55)(distress warrant)
  • Craven v Cairns Lockie Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought wages for notice period – Applicant made redundant while on ACC - During notice period applicant received ACC earnings-related compensation entitlement of 80 percent…
    Result:
    Application dismissed ; No order for costs
  • Hubley v Wilson & MacIndoe Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant called to meeting with respondent’s General Manager (“C”) and respondent’s Customer Service Team Leader - Applicant shown small tin and its contents and…
    Result:
    Application dismissed ; No order for costs
  • Akib v Chief Executive NorthTec

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievances and arrears of wages claim - Respondent sought costs on basis Calderbank offer greater than Authority's awards - Respondent sought contribution of $7,000 to actual…
    Result:
    Costs in favour of respondent ($1,500)
  • Walker v Safe Air Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for stay - In determination CA 86/09 applicant reinstated - Respondent challenged determination and sought stay of order for reinstatement until challenge heard - No…
    Result:
    Application dismissed ; Costs reserved
  • Peita Jnr v United Carriers Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal - Abandonment – Co-worker’s two motorbikes stolen – Applicant’s friend later admitted involvement – Applicant did not report to work following day – Several co-workers…
    Result:
    Applications dismissed ; Costs reserved
  • Shahi v Digital Communications Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Fixed term employment – Redundancy – Applicant claimed unjustifiably dismissed when employment terminated early – Respondent argued employment terminated for redundancy by agreement – Employment agreement (“EA”)…
    Result:
    Application granted (dismissal) ; Application dismissed (penalty) ; Reimbursement of lost wages ($2,900) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Singh and Anor v Elite Grace Growers Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – First and second applicant claimed arrears of holiday pay for first period of employment – Authority found written employment agreement (“EA”)…
    Result:
    Applications granted (Arrears of wages) (Arrears of holiday pay) ; Application dismissed (Arrears of holiday pay) (Unjustified dismissal) ; Arrears of holiday pay (Pay for day in lieu) ($101.07)(First applicant ) ($90.72)(Second applicant) ; Arrears of holiday pay ($1,810.06)(First applicant) ($1,596.90)(Second applicant) ; Costs reserved
  • Garland and Anor v Northland Motor Holdings Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Respondents confirmed would pay outstanding sums owed to applicants - Terms of settlement to be orders of Authority - Respondent also ordered to pay $70 filing fee…
    Result:
    Consent order granted ; Orders accordingly