• Viegas v The Flower House (2005) Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – No appearance by respondent – Applicant redundant when shop stopped trading – No notice shop to be closed or discussion regarding redeployment – Authority could…
    Result:
    Application granted ; Reimbursement of lost wages ($7,150 net)(13 weeks) ; ($2,200 net)(Notice) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($690 net)(Overtime) ; Arrears of holiday pay ($949.79 net) ; Disbursements in favour of applicant ($70)(Filing fee)
  • NZ Amalgamated Engineering Printing & Manufacturing Union v Marley New Zealand Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Whether collective employment agreement (CEA") provided shift allowance, in addition to overtime rates, for periods of unrostered overtime of eight hours - Applicant argued eight hours of overtime,…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Innes v Dazone Ltd

    K Raureti [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
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Taljaard (Labour Inspector) v Pacific Island Early Childhood Council of Aotearoa

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Respondent did not dispute amount outstanding – Respondent claimed amount outstanding should be offset against overpayment made to employee – No overpayment claim lodged by…
    Result:
    Application granted ; Arrears of holiday pay ($1,101.60) ; Interest ($7%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Taylor v Review Publishing Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought full costs of $3285 - Respondent argued no detailed breakdown of work provided and costs…
    Result:
    Costs in favour of applicant ($1,300)
  • Marshall v Corstorphine House Services Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant argued entered employment relationship despite request for contract payment - Thought could offset salary against losses from personal business - Authority…
    Result:
    Application dismissed ; Costs reserved
  • Denton v Gorrie Fuel (SI) Ltd t/a Don Gorrie Auto Services

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - PRACTICE AND PROCEDURE - Whether grievance raised within 90 days - Applicant and his father met with respondent to find out why employment terminated - At…
    Result:
    Application granted ; Reimbursement of lost wages ($391.25 reduced to $352.13)(One week) ; Compensation for humiliation etc ($5,000 reduced to $4,500) ; Arrears of wages ($735) ; Arrears of holiday pay (Quantum to be determined) ; Interest (7.5%)
  • Li v Auckland College of Natural Medicine

    M Urlich [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 - Terms of settlement final and binding, and…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Nataniel v Golf Management and Consultancy Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Respondent given 14 days to file additional evidence regarding calculation of applicant's arrears claim - Information provided sought to dispute arrears claim on basis issue not…
    Result:
    Orders accordingly ; No order for costs
  • Preston v Comtec Communications Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged respondent's director treated her in rude, aggressive and intimidating manner - Alleged things got worse after raised concerns with him - Significant…
    Result:
    Application granted ; Reimbursement of lost wages ($28,500)(9 months) ; Compensation for humiliation ($12,500) ; Costs reserved