• HP Hanna & Co Ltd v O'Boyle

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful recovery of monies claim - Less than one day investigation meeting - Applicant sought contribution of $3,000 to actual costs of $3,227 - Authority found no good…
    Result:
    Costs in favour of applicant ($1,800)
  • Jenkinson v BOT of Bayview Primary School

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Applicant claimed constructively dismissal personal grievance raised within 90 days - Applicant instructed representative (“C”) to send letter raising grievance with respondent shortly after the alleged…
    Result:
    Application dismissed ; Costs reserved
  • Stevenson v Bentan Twisted Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s sole director (“V”) publically alleged on several occasions that applicant responsible for missing money and lost beer – Also claimed V…
    Result:
    Applications dismissed (Unjustified dismissal)(Unjustified disadvantage) ; Orders made (Arrears of wages and holiday pay) ; Penalty ($500)(Payable to Crown) ; Costs reserved
  • DA & JA Ward Ltd v Wood

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONIES – BREACH OF CONTRACT – No appearance for respondent – Applicant sought reimbursement of notice period – Applicant claimed entitled to rely on forfeiture provision in company…
    Result:
    Orders accordingly ; Costs to lie where they fall
  • Te Tuhi v Wanoa t/a Wikitanga Transport

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applications to respond out of time and for adjournment – Applicant claimed unjustifiably dismissed, underpaid wages, and owed arrears of sick leave and holiday pay –…
    Result:
    Applications granted ; Costs reserved
  • Teremoana & Anor v Counties Milk Ltd & Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Serious misconduct - First applicant (“T”) claimed unjustified allegations of theft and requirement to pay insurance excess caused disadvantage – First respondent (“CML”) alleged T stole milk…
    Result:
    Applications granted ; Reimbursement of lost wages ($9,900) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($2,484.62) ; Arrears of holiday pay ($8,188.60) ; Interest (4% - 6 month period)(Additional $0.89 per day on total amount of holiday pay) ; Penalty ($2,000)(Payable to Crown) ; Costs in favour of first applicant ($1,500) ; Disbursements in favour of applicants ($140)(Filing fees)
  • McCloy v Smith Crane & Construction Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – No appearance for respondent – Applicant claimed false allegations of theft caused disadvantage – Applicant claimed subsequently unjustifiably dismissed – Applicant…
    Result:
    Applications granted (Unjustified disadvantage)(Unjustified dismissal) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($2,705.58) ; Compensation for humiliation etc ($10,000 reduced to $8,000) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70.00)(Filing fee)
  • Te Amo v Reworks NZ Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant’s employer jointly owned by two businesses (“C” and “M”) - Applicant’s father was shareholder in C - Applicant claimed during negotiations for sale…
    Result:
    Application dismissed ; Costs reserved
  • Gregory v Chief Executive of the Department of Corrections

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Applicant dismissed following respondent’s conclusion that applicant breached code of conduct through contact with partner of prisoner and by searching prisoner records…
    Result:
    Application dismissed ; Costs reserved
  • Whitten v Ogilvy New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Respondent sought removal to EC pursuant to s177, s178(2)(a) and s178(2)(b) Employment Relations Act 2000 (“ERA”) – Authority…
    Result:
    Applications dismissed (removal to Employment Court)(disclosure of documents) ; Orders made