• Lapworth v Fonterra Cooperative Group

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed “last on first off” (“LOFO”) principle entitled applicant to priority for redeployment positions due to 24 year service with respondent – Claimed respondent…
    Result:
    Application dismissed ; Costs reserved
  • Speed v Hyro New Zealand Ltd (in Liquidation) and Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – No appearance by respondents – Applicant claimed at all material times employed by first respondent in statement of problem – First respondent…
    Result:
    Application granted ; Reimbursement of lost wages ($31,274.17) ; Compensation for humiliation etc ($17,000) ; Costs reserved
  • Allardice v Netcor Education and Training Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed withdrawal of second offer of employment agreement (“EA”) constituted unjustified dismissal – Respondent claimed entitled to withdraw offer because no meeting of minds on terms…
    Result:
    Applications granted (Unjustified dismissal) (Penalty) ; Application dismissed (Counterclaim) ; Reimbursement of lost wages ($16,224) ; Compensation for humiliation etc ($10,000) ; Penalty ($1,000)(Payable to applicant) ; Costs reserved
  • Schofield v ANZ National Bank Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – First issue whether applicant offered “comparable position” – Second issue whether applicant entitled to redundancy compensation – Applicant’s position disestablished following restructure – Respondent offered applicant alternative position…
    Result:
    Question answered in favour of respondent ; Application dismissed (Unjustified disadvantage) ; Costs reserved
  • Philpott v London Ltd t/a Ladybirds for Gifts and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful jurisdiction claim – One day investigation meeting – Respondents sought contribution to costs of $12,000 – Respondents claimed applicant’s vexatious claim had no prospect of success and…
    Result:
    Costs awarded in favour of respondents ($4,500)
  • Cameron v Axo Shredders Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - 1 ï¾½ day investigation meeting - Parties organised independent audit of expenses - Authority found applicant's lateness in agreeing to audit caused respondent…
    Result:
    Costs in favour of respondent ($6,000)
  • Douglas v South Island Dairies Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant claimed oral agreement to pay $12 per hour and holiday pay – Respondent argued no contractual agreement made – Respondent…
    Result:
    Application granted ; Costs to lie where they fall
  • Moir v Coles Myer New Zealand Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Respondent’s evidence preferred - Applicant claimed bullying, no gradual return to work, failure to pay wages and breach of good faith obligations – Respondent argued dismissal justified…
    Result:
    Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) (Beach of good faith) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • New Zealand Engineering Printing & Manufacturing Union Inc v Zeal 320 Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – First issue, whether allocated leave “provisional” or “confirmed” – Second issue, whether respondent unlawfully cancelled allocated leave – Collective employment agreement (“CEA”) provided employees shall confirm or decline…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Smith v Wairarapa Medical Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant initially employed at respondent and subsequently re-engaged as contractor - Applicant claimed no intention to become contractor – Authority found written…
    Result:
    Applications granted ; Arrears of wages ($2,417.50) ; Costs reserved