• Turnham v Spotless Services (NZ) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Employment status - Employment agreement and associated paperwork stated casual employee - Evidence did not support applicant's claim pressured into signing agreement - Rosters…
    Result:
    Application dismissed ; Costs reserved
  • Brinkman v Versatile Buildings Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Final written warning given for communicating untruthful position of accounts – Applicant claimed warning unreasonable – At time warning given applicant did not raise grievance –…
    Result:
    Application dismissed (Unjustified dismissal and Breach of contract) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2000)(Unjustified disadvantage) ; Costs reserved
  • Johns v Shell New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - No appearance for applicant - Previously granted adjournment - Further adjournment declined - Requested another adjournment without committing to investigation dates - Alleged unable to leave…
    Result:
    Application dismissed ; Orders accordingly ; Costs reserved
  • Wyatt v Whangarei Boys' High School

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought total costs of $3,146 which included two days preparation time and filing fee - Respondent…
    Result:
    Costs in favour of applicant ($1,500)
  • French v The Chief of Defence Force

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant alleged unjustifiably disadvantaged by manner respondent handled complaint about his behaviour – Preliminary enquiries occurred before applicant advised of complaint or formal complaint lodged – Enquiries…
    Result:
    Application dismissed ; Costs reserved
  • Lewis v Stonex Systems Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant shareholder and executive director of respondent - Involved in establishment of respondent and subsequently employed by it - No employment agreement or job description…
    Result:
    Application granted ; ; Reinstatement ordered; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc (Quantum to be determined) ; Costs reserved
  • Main v Interior Developments Ltd

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct - Applicant went for beer at nearby business after work – When returned to premises in company van found security gate closed – Applicant claimed approached…
    Result:
    Application granted ; Reimbursement of lost wages ($5,000) ; Compensation for humiliation etc ($3,200) ; Costs reserved
  • Doney v X-Facta Resources Ltd t/a Orb Communications

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant presented with new sales targets - Respondent expressed concerns about applicant's performance - Applicant's allegation respondent advised he need not be concerned about…
    Result:
    Application granted ; Reimbursement of lost wages ($3,514 reduced to $2,361) ; Compensation for humiliation ($1,500 reduced to $1,000) ; Costs in favour of applicant ($1,190) ; Disbursements ($70)(Filing fee)
  • Tamati v New Zealand Life Care Ltd (in receivership) t/a Glenbrook Lodge Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct - No appearance by respondent - Respondent’s business and assets sold – Receivers advised insufficient funds to defend claim or pay any awards – Applicant asked…
    Result:
    Application granted ; Reimbursement of lost wages ($1,800 reduced to $1,260) ; Compensation for humiliation etc ($10,000 reduced to $7,000) ; Costs ($1,500)
  • Binnie v Meteorological Service of New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Employment ended when applicant failed to meet precondition of employment - Required to complete university Graduate Diploma in Meteorology as part of respondent's formal…
    Result:
    Application granted ; Reimbursement of lost wages ($3,905.66) ; Compensation for humiliation etc ($9,000) ; Costs reserved