• Yeleswaram (Labour Inspector) v Ramesh Lal t/a Glomax Super Tailors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant Labour Inspector claimed arrears for employee’s (“X”) five months wages – Respondent claimed X not employee – X worked for five months…
    Result:
    Application granted ; Arrears of wages ($9,638.23) ; Arrears of holiday pay ($578.29) ; Interest (6%) ; Penalty ($3,000)(Payable to Crown) ; Disbursement in favour of applicant ($70)(Filing fee)
  • Samaeli v OCS Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought contribution of $3,500 to total costs of $7,312.
    Result:
    Costs in favour of respondent ($2,000)
  • Watson v Knight

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Applicant claimed owed unpaid wages and holiday pay following resignation – Respondent argued arithmetical errors with applicant’s calculations…
    Result:
    Application dismissed ; No order for costs
  • Chandler v Prime Pine Kaikoura Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Summary dismissal - Serious misconduct – Co-worker (“D”) pushed applicant – Applicant made racist remark and stated if D put hands on applicant again, would injure D…
    Result:
    Application granted ; Reimbursement of lost wages (7.8 weeks) ; Disbursements in favour of applicant ($70)(filing fee)
  • Skills4Work Inc v Evans

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - No appearance for respondent - Applicant sought compliance with mediated settlement - Authority satisfied respondent failed to comply with clause of settlement and amount due and owing…
    Result:
    Compliance ordered ; Penalty ($1,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Sulusulu v Fires by Design Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Restraint of trade –Applicant claimed suspension and subsequent dismissal unjustified – Respondent claimed actions justified for conflict of interest – Respondent sole director and shareholder of Warmington…
    Result:
    Applications granted (Unjustified disadvantage) (Unjustified dismissal) (Penalty) ; Applications dismissed (Counterclaim) (Declaratory declaration) ; Reimbursement of lost wages ($24,150.75 reduced to $9,660.30) ; Arrears of holiday pay ($1,275.02) ; Loss of benefit ($1,000)(4.5 weeks use of vehicle and fuel card); Compensation for humiliation etc ($7,500 reduced to $3,000) ; Penalty ($1,000)(Payable to Crown) ; Costs reserved
  • Atkins v Shampoo Plus Ltd

    D Asher [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
  • Russell v First Security Guard Services Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Applicant claimed withdrawal of agreement to extend hours of work breached contract – Parties discussed extension of hours – Applicant claimed discussion concluded with agreement for…
    Result:
    Application granted (Unjustified disadvantage – Suspension) ; Applications dismissed (Constructive dismissal) (Unjustified disadvantage – Conduct of meetings) (Counterclaim) - (Penalty) ; Compensation for humiliation etc ($2000) ; Interest (5%)(Arrears of Wages)
  • Haughan v Designstore Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – Applicant sought four weeks’ wages in lieu of notice period – Employment agreement provided for four weeks’ notice period – Applicant received one day’s notice –…
    Result:
    Arrears of wages ($3,800)(notice period) ; Disbursements in favour of applicant ($70)(filing fee)
  • Ross v Dua Services Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed after altercation with colleague (“M”) – Applicant returned to work after recovery from work accident – M asked…
    Result:
    Application granted ; Reimbursement of lost wages ($6,300) ; Compensation for humiliation etc ($4,000 reduced to $3,200) ; Costs in favour of applicant ($1,570)