• Crutchley v Chief Executive of the Ministry of Social Development (MSD)

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached contractual terms by failing to provide applicant with safe work environment, causing applicant to suffer mental harm through work-related stress - Authority…
    Result:
    Application granted (disadvantage) ; Applications dismissed (breach of contract) (dismissal) (penalty) ; Compensation for humiliation etc ($3,750)(disadvantage) ; Costs reserved
  • Dolan v Filta Vacuum Products Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Three day investigation meeting - Applicant sought contribution to costs of $13,000 - Argued difficulties arranging mediation and difficulties within mediation regarding unavailability of…
    Result:
    Costs in favour of applicant ($11,633)
  • Unite! Union v MPA Investments Ltd t/a McDonalds Kaiapoi

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Applicant recruited number of respondent’s employees - Respondent put up notice asking employee to see trainee manager (“H”) about resigning from applicant - Respondent failed to commence union…
    Result:
    Questions answered in favour of applicant ; Counterclaim dismissed ; Costs reserved
  • Coup v MPA Investments Ltd t/a McDonalds Kaiapoi

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant and some co-workers joined Unite Union (“union”) - Next month applicant saw memo asking union members to see trainee restaurant manager (“H”) about…
    Result:
    Application granted ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Johnson v Supa Travel Express Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - No appearance by respondent – No written employment agreement – Applicant stuck vehicle in grass at incorrect client address – Applicant given alternative vehicle, which…
    Result:
    Application granted (dismissal) ; Application dismissed (disadvantage) ; Reimbursement of lost wages ($1,386)(3 weeks) ; Arrears of wages ($517.17) ; Compensation for humiliation etc ($3,000) ; Disbursements in favour of applicant ($70)(filing fee)
  • Atkinson v Suttons Moss Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance and arrears claim - Length of investigation not specified - Respondent argued applicant should not be awarded costs as only partially successful - Also argued…
    Result:
    Costs in favour of applicant ($750); Disbursements ($70) (Filing Fee)
  • Finlay v Healthcare of New Zealand Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed numerous unjustified disadvantages – Authority noted will not pedantically examine ordinary ups and downs of employment relationship – Firstly, applicant claimed unjustifiably disadvantaged by respondent’s…
    Result:
    Applications granted (dismissal)(disadvantage) ; Applications dismissed (disadvantage) ; Reimbursement of lost wages and holiday pay (1 month)(quantum to be determined) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Thomas v DRJT Ltd t/a bike360

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant’s statement of problem alleged unjustified dismissal and arrears of wages and holiday pay - Applicant wrote letter to Authority requesting application be granted urgency -…
    Result:
    Application dismissed ; Orders Made ; Costs reserved
  • Murfitt v Karapiro Management Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – No appearance for respondent – No written employment agreement – Respondent advised applicant laid off with immediate effect – Applicant requested written confirmation of dismissal and…
    Result:
    Application granted ; Arrears of wages and holiday pay ($2,360) ; Compensation for humiliation etc ($3,000) ; Disbursements in favour of applicant ($70)(filing fee)
  • Coc-Kroft v Zion Wildlife Gardens Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed from employment with respondent – Respondent argued applicant did not raise constructive dismissal grievance in time but raised disadvantage grievance…
    Result:
    Application granted ; Reimbursement of lost wages ($8,400 reduced to $6,720) ; Compensation for humiliation etc ($8,000 reduced to $6,000) ; Costs reserved