• Williams v Mount Shop Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee – Applicant in de facto relationship with respondent’s director – Ran family home while director developed respondent - Applicant paid “salary” in accordance with employment…
    Result:
    Application dismissed ; Costs reserved
  • Cadmus Payment Solutions Ltd v Karan

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Parties agreed to record of settlement - Respondent restrained from…
    Result:
    Consent order granted ; Orders accordingly ; Costs in favour of applicant ($5,000)
  • Saunders v Post Haste Couriers Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant employed part time and completed timesheets to record hours of work – Applicant received final written warning for falsifying timesheet – Ten months…
    Result:
    Application dismissed ; Costs reserved
  • Morgan v Watkins Young & Company t/a Briargate Dementia Care Residence & Anor

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant sought first and second respondent be jointly and severally liable for any remedies awarded – Second respondent (“W”) sole director of first respondent…
    Result:
    Applications dismissed (Dismissal ; Penalty and Counterclaim) ; Costs reserved
  • Li v Astral Management Ltd t/a Marina Chinese Restaurant

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - No appearance by respondent - Respondent had notice of Authority's preliminary view investigation should be reopened - No response received -…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • Roberts v Converting Technology (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent dismissed applicant for treating bonus payment as tax free, misuse of company taxi card, failure to pay creditors, and failure to manage another…
  • Postal Workers Union & Anor v New Zealand Post Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Authority to determine whether second applicants entitled to payment to attend mediation – Problem arose when first applicant advised respondent that second applicant’s wished to proceed to…
    Result:
    Application dismissed ; Costs reserved
  • Bennett v NZ Mushrooms Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Summary dismissal – Incompatibility - Misconduct – Six months prior, applicant given warning letter regarding behaviour – Applicant underwent training regarding introduction of bullying policy – Applicant…
    Result:
    Application granted (dismissal) ; Reimbursement of lost wages ($3,471.39 reduced to $2,603.54) ; Compensation for humiliation etc ($5,000 reduced to $3,750) ; Costs reserved
  • Pownall v Fairbrothers Industries Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Parties negotiated settlement agreement when applicant’s employment terminated for redundancy - Applicant’s pay in lieu of notice paid in instalments after termination of employment due…
    Result:
    Application granted ; Arrears of holiday pay ($1,094.53) ; No order for costs
  • Sage v N.Z. Underwater Assn Inc

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed compensation for unjustified constructive dismissal, unpaid annual holiday pay and other outstanding monies – Respondent alleged applicant independent contractor –…
    Result:
    Application dismissed ; Costs reserved