• Savic v Levante Technologies Ltd t/a Tio Pablo and Anor

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissal unjustified and sought order enforcing claimed personal guarantee of salary by respondent’s directors (“K”) and (“A”) – Respondent argued dismissal for redundancy…
    Result:
    Application dismissed (Arrears of wages)(Claim for salary) ; Application granted (Dismissal) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • McDowall v Hunt Healthcare Group Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant asked to take on acting charge nurse (“CN”) position while charge nurse on sick leave for two month period – Acting CN duties…
    Result:
    Application dismissed ; Costs reserved
  • Drummond v National Union of Public Employees Inc

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Both parties sought contribution to costs - Applicant's challenge to substantive determination yet to be heard…
    Result:
    Costs to lie where they fall
  • Baker v The Warehouse Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    CONSTRUCTIVE DISMISSAL – Applicant had loss prevention function in job description comprising sixty five percent of total work – Respondent invoked dialogue with staff regarding initiative to improve customer service…
    Result:
    Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Organ v Integral Technology Group Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed misled by respondent as to viability of position and claimed redundancy not genuine or fair – Respondent argued redundancy genuine but conceded flaws…
    Result:
    Application granted ; Compensation for humiliation etc ($6,300) ; Costs reserved
  • Stott v Redvale Canine Centre Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant falsely reported dog scheduled for vet check as euthanased - Respondent alleged informed of allegation by another employee (“W”) -…
    Result:
    Application granted ; Costs reserved
  • Duffy v Affco Holdings Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed lack of process in implementation of redundancy decisions – Claimed effect of redundancies meant increase in workload – Also claimed since suffered previous depressive episode…
    Result:
    Application granted (Disadvantage) (Dismissal) ; Reimbursement of lost wages (1 week) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Patterson v Goh Banner Concepts Development Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – JB minority shareholder in respondent and G director and majority shareholder – JB argued attended investigation as witness for respondent and “to…
    Result:
    Application granted ; Reimbursement of lost wages (4 weeks) ; Compensation for humiliation etc ($3500) ; Costs reserved
  • Richardson v Stanley Road Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - 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
  • Ringrose v Brazin Ltd and Bras n Things New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – UNJUSTIFIED DISADVANTAGE – Applicant claimed health harmed by workplace stress and respondent failed to provide safe system of work – On doctor’s advice took two weeks…
    Result:
    Application dismissed (breach of contract, unjustified disadvantage) ; Application granted (unjustified dismissal) ; Reimbursement of lost wages (4 weeks) ; Wages in lieu of notice period (2 weeks) ; Compensation for humiliation etc ($20,000) ; Application reserved (Dispute and counterclaim) ; Costs reserved