• Piacun v The Spa and Pool Factory Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Applicant claimed not paid holiday pay owed under settlement – Respondent refused to pay 3 weeks holiday pay recorded appearing…
    Result:
    Compliance ordered ; Costs reserved
  • Gray v The Chief Executive Department of Corrections

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation not specified - Respondent sought costs of $11,992 - Applicant submitted costs should lie where they fall - Costs to follow…
    Result:
    Costs in favour of respondent ($3,000) ; Disbursements ($660)
  • Goudie v Mommers & Anor

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance by respondent - Applicant not received sum owed under agreement - Failure to pay unexplained and Authority considered…
    Result:
    Compliance ordered ; Application granted ; Penalty ($400)($200 payable to Crown)($200 payable to applicant) ; Costs in favour of applicant ($350) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Kirk v William Gordon Craig on Behalf of The Trustees of the Estates of W Bruce Craig and William Craig

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – Applicant claimed underpaid for hours worked – Authority made findings not on credibility of witnesses but rather on documents created close to time events occurred –…
    Result:
    Application dismissed (Arrears of wages) ; Application granted (Recovery of monies) ; Recovery of monies ($1045.32) ; Costs reserved
  • Webb and Anor v New Zealand Tramways and Public Passenger Transport Employees Union Inc.

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to vary orders of Authority - In earlier determination Authority ordered respondent comply with its registered rules and hold elections for National Council - Authority…
    Result:
    Application granted ; Orders made
  • Gearry v Armourguard Security Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONIES – Applicant claimed entitled to redundancy compensation – Respondent argued applicant resigned and position never redundant – Respondent assigned applicant as security guard at the Reserve Bank…
    Result:
    Application dismissed ; Costs reserved
  • Wallbank v Lewthwaite Engineering Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Respondent argued never employed applicant - Applicant did casual work for respondent during holiday period of prior employment – Applicant claimed discussed what job would entail at length…
    Result:
    Application granted ; Arrears of wages ($1,406.25) ; Holiday pay ($375) ; Reimbursement of lost wages ($2,812.50)(3 weeks) ; Compensation for humiliation etc ($1,500) ; Penalty ($250)(Payable to Crown) ; Costs reserved
  • Stuart v The Chief Executive, Museum of New Zealand, Te Papa Tongarewa

    Y S Oldfield [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant made redundant following restructuring – Authority found although other employees experienced changes to roles applicant only employee to lose job – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Gouw v Wakefields of Sumner Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed respondent extended probationary period without agreement and was then unjustifiably dismissed – No written employment agreement, however letter of appointment set out proposed conditions of…
    Result:
    Application granted ; Reimbursement of lost wages ($2,520)(4 weeks) ; Compensation for humiliation etc ($1,000) ; Disbursements in favour of applicant ($70)(Filing fee)
  • McEnaney v Eustruct Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance by respondent – Applicant given employment agreement but did not sign it as wished to discuss matters with respondent’s directors – On third rostered work…
    Result:
    Application granted ; Reimbursement of lost wages ($2,800) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,500)