• Heremia v Wilding International Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant initially in relationship with respondent's manager (P") - P subsequently involved with applicant's friend and co-worker ("C") - Relations deteriorated…
    Result:
    Application granted ; Reimbursement of lost wages ($661.50)(2 weeks) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Service and Food Workers Union Nga Ringa Tota v Spotless Services (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court – Claim for arrears of wages – Important questions of law likely to arise – Whether employer liable to unlawfully…
    Result:
    Application granted ; Matter removed to Court ; No order for costs
  • Scoles v Nga Clarke's Ltd t/a Black Swan Tea Rooms & Motels

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Discontent between employees, including applicant, and supervisor led to employees taking unauthorised break - Respondent claimed instructed employees to return to…
    Result:
    Application granted (dismissal) ; Compensation for humiliation etc ($3,000 reduced to $2,400) ; Application dismissed (Disadvantage, sexual harassment) ; Costs reserved
  • PPCS Ltd v Loughlin

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT – Respondent employed as chief executive of Richmond Ltd (“R Ltd”) – Applicant acquired sizeable interest in R Ltd over five year period – When apparent applicant…
    Result:
    Application dismissed ; Costs reserved
  • Urlwin McDonald and Clients Ltd v Boyle

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Applicant alleged respondent solicited business of three significant clients for his own company while still an employee – Respondent denied breaching obligations to applicant – Both parties gave…
    Result:
    Application dismissed ; Parties directed to mediation ; No order for costs
  • Siataga v McKellar Property Services Wellington Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Matter determined with agreement of respondent’s liquidator – Identity of employer raised – Labour Inspectors and Inland Revenue Department of view employer…
    Result:
    Application granted ; Reimbursement of lost wages ($17,100) ; Arrears of wages ($269.20)(Interest 10%) ; Arrears of holiday pay ($1,993.53)(Interest 10%) ; Compensation for humiliation etc ($15,000) ; Disbursements in favour of applicant ($70)(filing fee) ; Costs in favour of applicant ($1,500)
  • Green & Ors v Rendezvous Hotels (NZ) Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicants (GG, JG, CW and YL) made redundant one week after management rights leased to respondent – As condition of sale, all employees were offered…
    Result:
    First applicant (GG): Application granted ; Reimbursement of lost wages (2 months)($7,284.64) ; Compensation for humiliation etc ($15,000) ; Costs reserved;Second applicant (JG): Application granted ; Compensation for humiliation etc ($12,500) ; Costs reserved;Third applicant (CW): Application granted ; Compensation for humiliation etc ($15,000) ; Costs reserved;Fourth applicant (YL): Application granted ; Reimbursement of lost wages (3 months)($7.615.44) ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Urquhart v Aviation Security & Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Matter dealt with on papers - Applicant worked for first respondent (AS") as commercial pilot until resigned following conflict - Applicant received conditional employment offer from second respondent…
    Result:
    Question answered ; Orders accordingly ; Costs reserved
  • The Consultancy Group Christchurch Ltd v Cullen

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Restraint of trade – Applicant withdrew proceedings against second co-worker – Respondent casual employee – Applicant claimed respondent breached restraint of trade clauses in employment agreement…
    Result:
    Application granted ; Damages (Quantum reserved) ; Costs reserved
  • Cleverly v United Corporation Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Parties accepted employment agreement (“EA”) reflected terms and conditions of employment despite different company name on EA – Authority found applicant must be taken…
    Result:
    Application granted ; Reimbursement of lost wages ($4,620.00) ; Compensation for humiliation etc ($3,000)