• Robertson Turnbull Ltd t/a Queenstown Night 'N Day Foodstore v Labour Inspector

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Objection by applicant employer to demand notice issued by Labour Inspector - Demand notice required payment to employee for sum allegedly due under Minimum Wage Act…
    Result:
    Application dismissed ; Arrears of wages ($1,819.04) ; Costs reserved
  • Muller v Botanical Food Company Pty Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Identity of employer - Applicant claimed originally employed by third party to provide services to respondent - Third party no longer existed - Respondent wholly owned subsidiary of…
    Result:
    Application dismissed ; Costs reserved
  • Kinney v Security First Holdings Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Applicant sought $2,000 contribution to costs - Applicant claimed Authority had to provide applicant with evidence…
    Result:
    Costs in favour of applicant ($500)
  • A v R

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Name of parties and representatives subject to non-publication order to protect identity of applicant - Evidence relating to complaint against co-worker also subject to non-publication order…
    Result:
    Application granted ; Reimbursement of lost wages ($750) ; Compensation for humiliation etc ($7,500) ; Arrears of wages ($1,874.18) ; Orders accordingly ; Disbursements ($70)(Filing fee)
  • Johnson v The Travel Practice Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant recently returned to workforce after 16 year absence - Never worked in travel industry before - Dispute about hourly rate, with applicant believing…
    Result:
    Application granted ; Reimbursement of lost wages ($3,875.08) ; Compensation for humiliation etc ($4,000) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved
  • Swann v Tamaki Tours Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - Applicant alleged dismissed because of union activities, not seasonal downturn in business - Also submitted “last on–first off” rule meant should…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Service and Food Workers Union Nga Ringa Tota v Sanford Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Question over wages for working public holiday - Working less than full span of ordinary hours on public holiday could result in worker being paid less for actually…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Homan v Dunedin Fire District a Division of the New Zealand Fire Service

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Misconduct - Applicant charged with male assaults female after visiting bar while away on employment-related course (subsequently pled guilty) - Suspended pending Court appearance…
    Result:
    Application dismissed ; Costs reserved
  • Sengupta v University of Auckland

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Over several months respondent raised numerous concerns with applicant regarding non-performance of work and work not performed to required standard - Parties attended mediation…
    Result:
    Application dismissed ; Costs reserved
  • Broeks v Peter Ross t/a Peter Ross Contractors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Authority concluded on balance of probabilities applicant told would be paid for time truck off the road for repairs - Applicant also not…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($2,832.47) : Arrears of holiday pay ($415.10) ; Disbursements ($70)