• Adlam v National Advocacy Trust Nationwide Health & Disability Advocacy Service and Ors

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Unjustified dismissal – Applicant claimed grievance raised within 90 days with first respondent (“NAT”) – Applicant alternatively claimed exceptional circumstances and overall justice favoured granting of…
    Result:
    Applications dismissed ; Counterclaim granted (Penalty)($500)($400 Payable to third respondent)($100 Payable to second respondent) ; Costs reserved
  • Beach v Environua Community Trust

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Respondent’s Board dissolved before all payments under settlement agreement made - New Board unaware some payments outstanding - Respondent undertaken…
    Result:
    Compliance ordered ; No order for costs
  • Feary v Transpacific Industries Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    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
  • McDonald v Be Gorgeous New Zealand Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of respondent – Applicant’s first employment agreement (“EA”) with Gorgeous Hair New Zealand – Employment relationship transferred to respondent following ownership restructure – Respondent presented…
    Result:
    Applications granted ; Arrears of wages ($1072) ; Reimbursement of expenses incurred by employee ($485) ; Disbursement in favour of applicant ($70)(Filling fee)
  • Burrowes v Electronics Boutique Australia PTY Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant claimed unjustified suspension and delay in return to workplace caused disadvantage – Applicant claimed subsequently constructively dismissed - Applicant gave work cash card…
    Result:
    Applications granted ; Reimbursement of lost wages ($1603.27) ; Compensation for humiliation etc ($6,500 reduced to $5,200) ; Costs reserved
  • Hooton v Keeley t/a WOF Testing Station

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Respondent claimed in financial difficulty and making best efforts to raise money owed - Respondent admitted failure to comply and…
    Result:
    Compliance ordered ; Orders made ; Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($70)
  • X v Y Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim declaration and orders – Application heard under urgency – Balance of convenience likely to favour respondent provided relevant aspects of undertaking implemented - Application for…
    Result:
    Application dismissed (interim injunction) ; Orders made ; Costs reserved
  • Marfell v Affco NZ Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent conducted random drug search in accordance with collective employment agreement (“CEA”) - In applicant’s car, dog handler (“W”) located tin containing cannabis and…
    Result:
    Application dismissed ; Costs reserved
  • Schmidt v Webster Group Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment - Redundancy – Applicant claimed unjustifiably dismissed without notice – Respondent claimed no dismissal – Respondent under financial difficulties following decline of business – Respondent held…
    Result:
    Application dismissed ; Costs reserved
  • Reid (Labour Inspector) v Barmuda Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant alleged respondent failed to pay former employee (“M”) holiday pay during thirteen months of employment – Employment ceased five years prior – Applicant sought…
    Result:
    Application granted ; Holiday pay (quantum to be determined) ; Interest (5.7%) ; Costs reserved