• Duncan v Restaurant Brands Ltd

    H Doyle [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed constructively dismissed following breach of privacy, good faith and bullying – Respondent claimed followed good management policies – Applicant refused to follow…
    Result:
    Application dismissed ; Costs reserved
  • Bennett v Kalmia Investments Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Mollo v New Zealand Racing Board

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Ye v Ruifa Produce Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following series of unfair actions – Respondent claimed acted in good faith at all material times – Respondent company changed…
    Result:
    Applications granted ; Reimbursement of lost wages ($4,416) ; Compensation for humiliation ($2,500) ; Arrears of holiday pay ($353) ; Sick leave (quantum to be determined) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Bhana v Creative Field Marketing New Zealand Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed victim of segregation, harassment, and bullying from co-workers – Respondent argued grievance not raised in time and applicant did…
    Result:
    Application granted (Dismissal) ; Application dismissed (Disadvantage) ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Schoonebeek v Albany Insurance Services Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following forced resignation – Respondent claimed resignation voluntarily – Parties agreed applicant could start work late for two months while…
    Result:
    Application granted ; Reimbursement of lost wages ($11,000)(3 months) ; Compensation for humiliation ($6,000) ; Costs reserved
  • Duncan v Harveys Floorpride Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Authority found although did not receive any submissions on costs from respondents, received copy of challenge filed…
    Result:
    Costs in favour of applicant ($2,500)
  • Fafiei v Troy Restaurant and Bar Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicant part-time or casual employee – Applicant assisted restaurant renovations on casual basis – Parties orally agreed applicant would work four days per week –…
    Result:
    Applications granted ; Reimbursement of lost wages ($1,200)(7 weeks) ; Compensation for humiliation ($1,000) ; Arrears of holiday pay (Quantum to be decided) ; Interest (3.1%) ; Costs reserved
  • Sage v I Redelman & Son (NZ) Pty Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed following alleged poor performance – Respondent claimed applicant agreed to termination – Applicant attended meeting with respondent – Applicant…
    Result:
    Application granted (Unjustified dismissal) ; Application dismissed (Penalty) (Counterclaim - Penalty) ; Reimbursement of lost wages ($9,472.54)(15 weeks, includes loss of company vehicle and deduction of domestic purposes benefit) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Fleming v Delamore & Reidy Mental Health Community Support Services Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed made numerous complaints to respondent about staff that reported to him and that respondent took no action - Respondent argued all allegations investigated and applicant…
    Result:
    Application dismissed ; Costs reserved