• Kent v Signature Security Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance order for bonus incentives allegedly offered by respondent – Applicant invited to transfer to respondent after made redundant from Radius (“R”) - R advised…
    Result:
    Applications granted (Unjustified disadvantage) (Unjustified dismissal) ; Application dismissed (Compliance order) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Gillies v Singh t/a Waingaro Hot Springs Pool Complex

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant lived in caravan on respondent’s property – Altercation between applicant and friends, and respondent – Applicant subsequently escorted off…
    Result:
    Applications dismissed (Disadvantage) (Dismissal) ; Costs reserved
  • A v B

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for name suppression and prohibition on publication order – Applicant also sought adjournment of investigation meeting until outcome of proceedings in other two jurisdictions known…
    Result:
    Applications granted (adjournment)(name suppression) ; Orders accordingly
  • Williams v Burbery t/a Marton Security Service

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen Authority investigation – Authority issued earlier Authority support staff advised applicant had right to apply to reopen investigation in July 2008 –…
    Result:
    Application dismissed ; No order for costs
  • Winitana v Affco New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following respondent’s failure to provide safe workplace – Applicant complained to supervisor (“S”) about co-worker’s (“T”) behaviour – S’s requested…
    Result:
    Application dismissed; Costs reserved
  • Gellekom v First Choice Decorators Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement following telephone conference but prior to investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting…
    Result:
    Consent order granted : Orders accordingly : No order for costs
  • McGhie v Australasian Vinters Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant’s counsel raised personal grievance arguing dismissal for redundancy unjustified – Respondent argued redundancy justified for genuine commercial reasons – No appearance by applicant – Day before…
    Result:
    Application dismissed ; No order for costs
  • Singh v Eric James & Associates Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Applicant claimed an employee and entered contract of service with respondent – Alternatively when elevated from sales to managerial position became employee – Respondent argued never employed applicant…
    Result:
    Application dismissed ; Costs reserved
  • Kim v Kenzo Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – GOOD FAITH – Constructive dismissal – Applicant claimed unjustifiably dismissed and not treated in good faith by respondent – Authority arranged for interpreter to attend investigation –…
    Result:
    Applications dismissed (Dismissal) (Good faith) ; Application granted (Arrears) ; Arrears of holiday pay ($1,373.54) ; Counterclaim granted ; Recovery of monies ($2,264.40) (Notice period) ; Costs reserved
  • McCartney v Robbies Bar & Bistro Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought travel costs and motel expenses – Applicant argued firstly unable to pay and secondly earlier…
    Result:
    Costs to lie where they fall