• Lapthorn v Hayes t/a Wisteria Cottage Day Spa

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent unjustifiably reneged promise of day leave – Respondent claimed never unconditionally promised day leave – Applicant attended disciplinary meeting with father…
    Result:
    Application dismissed (disadvantage) ; Application granted (constructive dismissal) ; Compensation for humiliation etc $1,000 ; Lost wages $1,366.50 ; Counterclaim dismissed ; Penalty dismissed ; Costs reserved
  • Cooke v Panda Catering Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Triangular employment relationship - Respondent provided catering services at Eden Park - Applicant employed by respondent - Applicant involved in incident in main kitchen - Claimed expected…
    Result:
    Application dismissed ; No order for costs
  • Rarere v Electrotech Controls Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Applicant claimed full costs of $14,119, of which legal aid constituted $3,857 - Respondent submitted because…
    Result:
    Costs in favour of applicant ($2,000)
  • Sefo v Sealord Shellfish Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant worked on mussel opening line – Automated system counted mussels, attributed mussels to individual line workers and checked quality of mussels – If more than 3…
    Result:
    Application granted ; Reimbursement of lost wages (Reduced to 4 months less earnings) ; Compensation for humiliation etc ($15,000 reduced to $12,000) ; Costs reserved
  • Saunders v Makaiwai Farm Partnership

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Whether respondent agreed to provide applicant with 20 artificially bred weaned heifer calves or 20 four day old calves - No dispute applicant owed something, issue being what…
    Result:
    Questions answered ; Orders Made ; $3,249.28 (payment of calves) ; $2,000 (performance bonus) ; Costs reserved
  • Gulf Rubber NZ Ltd & Anor v NZ Amalgamated Engineering, Printing & Manufacturing Union

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Applicants sought costs associated with withdrawn application – Original application alleged breaches of good faith – Applicants withdrew application when respondent withdrew bargaining notices and sought contribution to…
    Result:
    Application dismissed
  • NZ Steel Ltd v New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant sought declaration that lawfully entitled to implement drug and alcohol policy (“policy”) – Respondents argued applicant failed to comply with contractual obligations by unilaterally imposing policy without…
    Result:
    Application granted ; Costs reserved
  • Epplett v Emerson t/a Emerson Distribution

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Respondent failed to respond to Authority's communications and request for wage, time and holiday records - Authority satisfied…
    Result:
    Arrears of wages and holiday pay ($823.85) ; Reimbursements ($251.60)(Fuel expenses) ; Disbursements ($70)(Filing fee)
  • Postal Workers Association v New Zealand Post Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant sought declaration whether respondent entitled to withhold pay from workers (“Posties”) in relation to strike – Strike comprised posties delivering some mail and “reposting” rest – Strike…
    Result:
    Questions answered in favour of applicant
  • van der Zwan v Plunket

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Application for leave to raise personal grievance out of time - Earlier determination found grievance not raised within 90 days - Respondent argued matter res judicata…
    Result:
    Application granted ; Orders accordingly ; Parties directed to mediation ; Costs reserved