• Rakuraku v Young New Zealanders Foundation

    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
  • Barwick v Leaderbrand Produce Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant summarily dismissed – Employee (“T”) approached applicant and requested lettuce to take home – Applicant gave T permission but did not ask quantity T intended to…
    Result:
    Application granted (Unjustified dismissal) ; Costs reserved
  • Cotton v General Distributors Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed following refusal to transfer between stores – Applicant promoted and changed from collective employment agreement to individual employment agreement (“IEA”) –…
    Result:
    Application granted ; Reimbursement of wages ($3,807) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Ross-Taylor v Chief Defence Force

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Respondent argued applicant independent contractor not employee - Independent contractor agreement (“ICA”) applied – Four successive ICA contracts negotiated over twelve years – Applicant not at disadvantage in…
    Result:
    Application granted ; Reimbursement of lost wages ($81,072.19) ; Compensation for humiliation etc ($20,000) ; Costs reserved
  • Koroi v Excell Corporation Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant claimed former managers agreed to establish and maintain company carpark – Applicant personally paid costs in expectation of reimbursement – Authority found jurisdiction existed because…
    Result:
    Application granted (Unjustified disadvantage) ; Applications dismissed (Recovery of monies)(Unjustified dismissal) ; Compensation for humiliation etc ($3,600 reduced to $3,240) ; Costs reserved
  • Smith v Idea Services Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Withdrawn personal grievance claim – No investigation meeting - Respondent sought $1,500 contribution to costs of over $3,844 – Respondent had incurred costs preparing case – Authority found…
    Result:
    Costs in favour of respondent ($500)
  • Davis v Family Start Manukau

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Respondent became concerned with applicant’s performance when applicant continually left duties uncompleted and failed to follow record-keeping procedures – First meeting held to discuss…
    Result:
    Application dismissed ; Costs reserved
  • Wensley Developments Ltd v Boulgaris

    L Robinson [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONIES – Applicant sought to recover overpaid advance commission payments from former employee – Respondent claimed no monies owing because “wrong projections given to induce his employment” –…
    Result:
    Application granted ; Recovery of monies ($163,635)(Overpayment of commission) ; Interest (6%) ; Costs reserved
  • Ball v BC Ulugia Drainage Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Respondent owned and operated by applicant’s sister and sister’s husband (“U”) –Client complained to U about applicant’s work and abusive language –…
    Result:
    Application dismissed; Costs reserved
  • Jones v Hemi Holdings Ltd t/a Caltex Waiku

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following altercation with respondent – Applicant called meeting with respondent to discuss discrepancies in till balance – Applicant claimed accused…
    Result:
    Applications dismissed ; No order for costs