• Le'Au v Hindin Marquip Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed following prank on co-worker at staff function – Respondent claimed conduct amounted to serious misconduct justifying dismissal – Applicant joked with…
    Result:
    Application granted ; Reimbursement of lost wages ($9,812.40)(13 weeks) ; Costs reserved
  • Cameron v Axo Shredders Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant employed by respondent to work in United Kingdom (“UK”) - After entering UK applicant worked without work visa - Applicant deported back to New Zealand (“NZ”)…
    Result:
    Application dismissed ; Costs reserved
  • Stakes v Grey Door Ltd t/a The Bunker Restaurant & Bar

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – One day investigation meeting – Applicant sought contribution of $2,639 in legal fees plus disbursements of $330 in airfares – Respondent claimed applicant used…
    Result:
    Costs in favour of applicant ($600) ; Disbursement in favour of applicant ($330)(Airfares) ($70)(Filing fee)
  • Jogia v Sefton Construction Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant applied for advertised vacant position with respondent – Parties agreed intended to engage successful candidate as employee – Applicant sought higher…
    Result:
    Application granted ; Orders made ; Costs reserved
  • Unsworth v Orakei Korako Geyserland Resort (2000) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Application to raise grievance after expiry of three year limitation period – Applicant raised unjustified dismissal grievance in 2005 – Applicant lodged Statement of Problem (“SOP”)…
    Result:
    Application granted ; Costs reserved
  • Robinson v Capital and Coast District Health Board

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Joint application for removal to Employment Court – What leave applicant and others entitled to after 7 years service question sought to be removed – Parties…
    Result:
    Application granted ; Matter removed to Court ; Costs reserved
  • Rakuraku v Haulage Transport Ltd

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance – Two day investigation meeting – Respondent sought to recover full solicitor-client costs of $8,400 - Respondent claimed applicant unreasonably delayed proceedings and had financial…
    Result:
    Costs in favour of respondent ($6000)
  • Te Reora Puna v Haulage Transport Ltd

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance – Two day investigation meeting – Respondent sought to recover full solicitor-client costs of $8,230 - Respondent claimed applicant unreasonably delayed proceedings and had financial…
    Result:
    Costs in favour of respondent ($6000)
  • Fawzi v The Canterbury District Health Board

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Investigation meeting did not proceed when no appearance for applicant - Authority found $1,200 reasonable contribution – Costs awarded in favour of respondent
    Result:
    Costs awarded in favour of respondent ($1,200)
  • Taylor v Scott & Anor t/a Kaipara Meat Processors

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Three months’ employment – Summary dismissal – Respondent husband (“B”) and wife (“A”) operated butchery and home-kill – Applicant employed on three-month trial period as manager, reporting…
    Result:
    Application granted (dismissal) ; Reimbursement of lost wages ($7,230.80)(8 weeks) ; Compensation for humiliation etc ($6,000) ; Costs reserved