• Fone v Oregon Holdings Ltd t/a Birch Manor

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Authority found matter arose from applicant claiming arrears of wages and unpaid holiday pay - Respondent agreed sums owing to applicant, however, argued business and cashflow affected…
    Result:
    Consent order granted ; No order for costs
  • McGowan v Programmed Maintenance Services Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Applicant claimed dismissal for alleged serious misconduct unjustified – Respondent claimed no trust and confidence in applicant – Applicant attended meeting with…
    Result:
    Application dismissed ; Costs reserved
  • English v RNP Homes Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Respondent’s evidence preferred - Applicant had two periods of employment with respondent - First period of employment applicant worked 40 hours per week and claimed pay…
    Result:
    Application dismissed (Arrears of wages, unjustified disadvantage) ; Application granted (Arrears of holiday pay)(Quantum to be determined) ; Costs to lie where they fall
  • Moore v Seaview Custom Engineering Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Applicant claimed allegations of poor performance and punctuality not adequately raised during probationary reviews therefore dismissal unjustified – Respondent claimed good management…
    Result:
    Application dismissed ; Costs reserved
  • Gibson v Nirvana Coaches Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s breach of good faith caused unjustified disadvantage – Respondent claimed reasonable actions taken – Applicant claimed harassed by co-worker (“W”) when gave W instructions…
    Result:
    Applications granted (Unjustified disadvantage – Suspension) (Arrears of holiday pay) ; Applications dismissed (Unjustified disadvantage – Breach of good faith) (Unjustified dismissal) ; Compensation for humiliation etc ($1,500) ; Arrears of holiday pay ($68.69) ; Interest (4%) ; Costs reserved
  • Yang v Persona Beauty Therapy Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Respondent sought to recover legal costs incurred in responding to application - Applicant's claim withdrawn before investigation - Applicant lodged application three years after alleged termination of employment…
    Result:
    Costs in favour of respondent ($1,750)
  • Owles v The Travel Practice Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Short term employment – Three days employment – Constructive dismissal – No appearance for respondent – Authority satisfied respondent provided all information and knew investigation meeting date…
    Result:
    Application granted ; Reimbursement of lost wages ($1,038.46) ; Compensation for humiliation etc ($7,000) ; Costs reserved
  • Zeal 320 Ltd v Engineering Printing and Manufacturing Union Inc

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING – Applicant applied for reference to facilitation under ss50C(1)(b) and 50C(1)(c) Employment Relations Act 2000 (“ERA”) – Respondent opposed application on grounds statutory tests not met, application abuse of…
    Result:
    Application granted ; Orders accordingly
  • Dunnett v Gardening Aids Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed respondent’s failure to persuade revocation of resignation constituted unjustified dismissal – Applicant claimed sent respondent resignation letter with reasons – Claimed respondent agreed to meet…
    Result:
    Applications granted (Unjustified dismissal) (Arrears of wages) (Arrears of holiday pay) ; Application declined (Penalty) ; Arrears of wages and holiday pay (Quantum to be determined) ; Costs reserved
  • Hunapo v Garin Family Trust

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed employee and unjustifiably dismissed – Respondent claimed applicant contractor and breached contractual obligations – Applicant worked regular hours – Applicant…
    Result:
    Application dismissed ; Costs reserved