• Swan v Iroko Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Parties agreed applicant not paid final week's wages and holiday pay - Respondent made part payment but amount remained outstanding - Respondent indicated…
    Result:
    Application granted ; Arrears of wages and holiday pay ($1,817.08) ; Disbursements in favour of applicant ($70)
  • Hunt v Uniquely Kiwi Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant took over respondent’s accounts after original employee left - Had difficulties with work - Ex-employee returned to train applicant - Respondent…
    Result:
    Application dismissed ; Costs reserved
  • Baker v Baker Timber Supplies

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant had worked at family business for 20 years - Applicant’s claims occurred against background of dispute over management of family businesses and estate…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,5000) ; Costs reserved
  • Ayers v Quad 2000 Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Applicant summarily dismissed when respondent thought smoking cannabis at work - Claimed actually smoking roll-your-own cigarette - Respondent's director searched car at time but found…
    Result:
    Application granted ; Reimbursement of lost wages ($7,280)(13 weeks) ; Compensation for humiliation etc ($4,500) ; Holiday pay ($92.47) ; Costs in favour of applicant ($2,200)
  • Clark v Nelson Marlborough Institute of Technology

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether letter from applicant raised personal grievance - Wrote to respondent's HR manager asking to be removed from probation and given pay rise - Commented in…
    Result:
    Application dismissed ; Costs reserved
  • It Maniacs Ltd v Ford

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed breach of contract and sought damages – Applicant claimed respondent attempted to set up competing business, enticed applicant’s employee to work for him and…
    Result:
    Application granted (Breach of contract) ; Application dismissed (Penalty) ; Damages ($14,166.54) ; Counterclaim granted (Dismissal) ; Counterclaim dismissed (Disadvantage) ; Counterclaim granted (Arrears of wages and holiday pay) ($9,382.57) ; Costs reserved
  • Douglas v A & G Price Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed for falsifying company records by making moulds for personal use and charging time to clients - Respondent accepted employees able to do some…
    Result:
    Application dismissed ; Costs reserved
  • Chiu v John Gilbert & Company Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Applicant's sought payment of meal allowance as provided for in employment agreement - Evidence provided by applicant inadequate to found claim - Claim failed
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Mitchinson v The Chief Executive of the Department of Corrections

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent claimed applicant falsely declared injury during Control and Restraint (C&R) training – Applicant’s doctor (“J”) diagnosed sprain and ACC form completed – Operations…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($53,551.13 reduced to $48,196.02)(48 weeks) ; Compensation for humiliation etc ($20,000 reduced to $18,000) ; Costs reserved
  • Murakami & Anor v The Joun Life Co Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    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