• Mijic v Memelink

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant employed by UPL – Respondent purchased most of UPL’s assets and assignment of property lease to operate UPL – Under terms…
    Result:
    Application granted ; Arrears of wages ($15,500) ; No order for costs
  • Choveaux v Accident Compensation Corporation

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Partially successful personal grievance - Two day investigation meeting - Applicant claimed $30,000 costs - Applicant relied on respondent’s refusal to reinstate applicant, personal attacks made on applicant,…
    Result:
    Costs in favour of applicant ($3,000)
  • Cox v Allied Telesis Labs Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Applicant accepted redundancy package based on individual employment agreement (“IEA”) when respondent’s Australian operation closed – Applicant offered ongoing employment with respondent’s New Zealand operation – Letter…
    Result:
    Questions answered in favour of applicant ; Application dismissed (Disadvantage) ; Costs reserved
  • Botes v Hair Smith Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - No written employment agreement - Applicant employed on commission only basis - Applicant claimed one week’s payment based…
    Result:
    Application granted ; Arrears of wages and holiday pay ($1588.56) ; Disbursements in favour of applicant ($70)(Filing fee)
  • McDonald v Specialty Fashion Group New Zealand

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Respondent’s regional manager (“S”) advised applicant by telephone that received complaint about applicant from former co-worker – Authority found S raised allegations applicant not attending to daily…
    Result:
    Application granted ; Compensation for humiliation etc ($6,400) ; Costs reserved
  • Maryniak v Waikato Institute of Technology

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Respondent argued applicant justifiably dismissed when position disestablished – Respondent’s CEO wrote to all employees stating organisation wide review of respondent’s operations and structures to…
    Result:
    Application dismissed ; Costs reserved
  • Dewson v G & A Mullins 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
  • Bath-Taylor v Vergo Ltd and Anor

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondents - Applicant’s unchallenged evidence accepted - Applicant worked at businesses owned by respondents - Applicant paid intermittently as businesses…
    Result:
    Application granted ; Arrears of wages and holiday pay ($3,078) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Bettany v Masonry Design Solutions Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant initially employed on fixed term for three months – Respondent argued wanted to give applicant permanent position conditional on performance improving – Respondent argued applicant’s performance…
    Result:
    Application granted (Disadvantage) ; Reimbursement of lost wages ($5,362.50 reduced to $2,681.25) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Application partly granted (Counterclaim) ; Recovery of monies ($109.37) ; Costs reserved
  • Panoho v The Vice-Chancellor of the University of Auckland

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Workplace issues arose out of incident involving applicant and another staff member - Applicant became increasingly unwell - Took period of sick leave - During…
    Result:
    Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($25,000) ; No order for costs