• M v C NZ Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed employed by respondent until advised by respondent’s owners (“C”) in United States (“US”) that dismissed – C’s solicitor advised Authority…
    Result:
    Application granted ; Reimbursement of lost wages ($8,400) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($4,672) ; Costs in favour of applicant ($470) ; Interest (5 percent)
  • Talbot v Gemtech Solutions Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed following redundancy – Respondent claimed redundancy genuine due to loss of business – Applicant invited to attend “review meeting” – Respondent…
    Result:
    Application granted (Unjustified dismissal) ; Application dismissed (Fair Trading Act); Reimbursement of lost wages (quantum to be decided) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Marsh v Chief Executive of the Department of Corrections

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed not appointed to manager position due to unfair procedures – Applicant unsuccessfully applied for manager position – Employment agreement did not provide right to promotion…
    Result:
    Application dismissed ; Costs reserved
  • Luo and Anor v Celine 2006 Ltd

    P R Stapp [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
  • Reeper v Glenorchy Hotel and Backpackers Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – No statement in reply lodged – No appearance by respondent at telephone conference – Authority issued notice of direction for…
    Result:
    Compliance ordered ; Interest (5%) ; Costs in favour of applicant ($625) ; Disbursements in favour of applicant ($70)(filing fee)
  • Decom Ltd v Cleaver

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached terms of individual employment agreement (“IEA”) when failed to return tools when employment ended – Respondent argued returned all tools responsible for…
    Result:
    Application granted ; Damages ($2894.50) ; Interest (5 percent) ; Penalty ($750.00) (Payable to applicant) ; Costs in favour of applicant ($2,000)
  • Bak v Edward Kang & Wasan International Co. Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought order that respondent company (“WIC”) and director (“K”) be personally liable for arrears of wages and holiday pay – In earlier determination, Authority made…
    Result:
    Application dismissed ; Costs reserved
  • Philpott v London Ltd t/a Ladybirds for Gifts and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employee or business partner – Applicant claimed was employee and entitled to arrears of wages and holiday pay for unjustified dismissal – Respondent claimed applicant business…
    Result:
    Application dismissed ; Costs reserved
  • Gray v Land Transport New Zealand

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed final warning received for serious misconduct unjustified – Respondent argued fairly issued final warning – Member of public (“X”) complained to respondent that applicant implied…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000)
  • J Duff (labour Inspector) v Loose Ends Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant Labour Inspector sought compliance with request for wages and time records – Respondent claimed request complied with by allowing applicant to view records on-site – Authority…
    Result:
    Compliance ordered ; Application granted ; Penalty ($5,000)(Payable to Crown) ; Costs to lie where they fall