• Toroa v Department of Labour

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PARENTAL LEAVE – Applicant sought determination on respondent’s ruling deeming applicant ineligible for paid parental leave – Applicant took legal guardianship of child through Parenting and Guardianship Orders – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • D v M

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Summary dismissal - Applicant lived and worked on respondent's farm - No written employment agreement - Respondent’s son claimed applicant sexually abused him –…
    Result:
    Application granted ; Reimbursement of lost wages ($6,571)(4 months) ; Arrears of holiday pay ($917.30) ; Interest (9.5%) ; Compensation for humiliation etc ($12,000) ; Costs reserved
  • Allott v Transition to Work Trust

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant’s position made redundant when respondent lost funding - Applicant’s argument should not have subject to restructuring as programmes she worked on unaffected by lost…
    Result:
    Application granted : Reimbursement of lost wages ($7,500) ; Compensation for humiliation etc ($11,000) ; Disbursements in favour of applicant ($70)(Filing fee)
  • MacKenzie v Ogilvy New Zealand Ltd t/a Advertising Works Ogilvy Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought contribution of $2026 to total costs of $3,070 - Submitted matter could have been settled…
    Result:
    Costs in favour of applicant ($2,000) ; Filing fee ($70)
  • Forsyth v Telstraclear Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful dispute - One day investigation meeting - Respondent sought contribution of $7,725 to total costs of $13,440 - Applicant submitted award should be modest as facts came…
    Result:
    Costs in favour of respondent ($3,000)(including disbursements)
  • Metua v Independent Liquor (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFED DISMISSAL – Serious misconduct – Applicant verbally abused and physically assaulted by co-worker – Reported incident and allowed to go home – As he left, intentionally damaged co-worker’s car…
    Result:
    Application dismissed ; Costs reserved
  • Clark v Dargaville High School Board of Trustees

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    JURISIDICITON - Whether Authority could consider all of applicant’s claims - Applicant alleged constructively dismissed - Previously commenced proceedings in District Court alleging respondent negligent in duty of care to…
    Result:
    Orders accordingly ; Costs reserved
  • Griffin v Priestley and Somerville Ltd (previously named Debt Recovery Group NZ Ltd)

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with record of settlement - Respondent did not dispute failure to fulfil settlement obligations - Advised liquidator to be appointed to wind up company…
    Result:
    Compliance ordered ; Penalty ($1,000)(Payable to Crown) ; Costs in favour of applicant ($2,500) ; Disbursements ($157.50)(Expenses) ; ($70)(Filing fee)
  • Hazelden v Howick Village Optometrists Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged pressured to return to work before injury healed and faced unfair scrutiny upon return - Claimed respondent’s management of issues around injury,…
    Result:
    Application dismissed ; Counterclaim dismissed ; Costs reserved
  • F Fabbian Lighting (NZ) Ltd v La Cava & Anor

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court – Preliminary issue determined by Authority challenged in Employment Court – Authority not persuaded question of law important or that…