• Neil v Zhong and Anor

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL - Applicant claimed request not to return to work unfair and amounted to unjustified dismissal – Applicant consistently returned to workplace after Christmas break for…
    Result:
    Applications granted ; Reimbursement of lost wages ($368) ; Arrears of holiday pay ($1,019.45) ; Costs awarded in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Hooker v Street Smart Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Credibility finding in favour of respondent - Respondent’s evidence preferred - Respondent advised staff of restructuring - Applicant told if restructuring proceeded all positions would be disestablished,…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Recovery of monies (Counterclaim) ($7,518) ; Costs reserved
  • Goldsmith v Nirvana Coaches Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed respondent repudiated employment agreement (“EA”) by failing to provide work – Applicant driver for respondent’s school bus service for two years and worked regular hours…
    Result:
    Application granted ; Reimbursement of lost wages ($2,032.80)(7 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved
  • Beacham v Jetconnect Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant briefly employed as pilot for respondent – During training period, applicant worked 17 overnights out of 51 days flying…
    Result:
    Applications dismissed (breach of contract)(unjustified dismissal) ; Costs reserved
  • Strachan v Moodie & Ors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant claimed employed by respondents, but not paid significant sums owing and unjustifiably constructively dismissed - Applicant sought…
    Result:
    Application granted ; No order for costs
  • Paul v New Zealand Bus Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Unjustified Disadvantage – Redundancy – Application to strike out personal grievance due to expiry of three year limitation period – Applicant made redundant in 2005 due…
    Result:
    Application granted ; Costs reserved
  • McFadden v Freeman

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached record of settlement – Record of settlement stated respondent to pay applicant sum by cheque within seven days of agreement – Cheque…
    Result:
    Application granted ; Disbursements in favour of applicant ($70)(filing fee)
  • X v Y

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Respondent submitted reasonable costs award would be $2,500 - Authority found no good reason why costs should not follow the events - Authority found…
    Result:
    Costs in favour of respondent ($1,000)
  • Hutton & Ors v Coromandel Dairy Trust Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicants claimed unjustifiably dismissed without warning – Respondent claimed abandonment of employment – First and second applicants domestic partners – Third and fourth applicants domestic…
    Result:
    Applications granted (Unjustified dismissal) (Arrears of holiday pay) (Arrears of Wages – Fourth applicant) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($750)(First and second applicant) ($1,500)(Third and fourth applicant) ; Compensation for humiliation etc ($3,000)(First applicant) ($2,000)(Second applicant) ($4,000)(Third and fourth applicant) ; Arrears of wages ($150)(Fourth applicant) ; Arrears of holiday pay ($900)(First and second applicant) ($2,775)(Third and fourth applicant) ; Interest (5%) ; Costs reserved
  • Hooker v Street Smart Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Credibility finding in favour of respondent - Respondent’s evidence preferred - Respondent advised staff of restructuring - Applicant told if restructuring proceeded all current positions would be…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Arrears of wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($1,000) ; Recovery of monies (Counterclaim) ($7,518) ; Costs reserved