• O'Connell v Redpaths NZ Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Whether accord and satisfaction - Alleged unjustified dismissal - Respondent advised would not participate in investigation because matter settled in full, and respondent had no assets…
    Result:
    Question answered in favour of applicant
  • Grenside v Gaskin

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT - Matter dealt with on papers - No appearance for respondent - Other than statement in reply no submissions filed by respondent - Applicant alleged respondent breached…
    Result:
    Application granted (Breach of contract) ; Application dismissed (Damages) ; Penalty ($4,000)($2,000 payable to Crown)($2,000 payable to applicant) ; Costs in favour of applicant ($1,800)
  • Haenga v Armadillo Roofing Ltd of Paekakariki

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed manager made offensive comment to him - Manager outraged, denied making comment and suggested he go to police - Manager any disagreement settled in latter…
    Result:
    Application dismissed (Dismissal) ; Application granted (Arrears) ; Arrears of wages ($224) ; Arrears of holiday pay ($475.50) ; Costs in favour of applicant ($3,000) ; Disbursements ($70)(Filing fee)
  • Higgins v 360 Degrees Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal - Respondent in receivership – Receiver indicated would attend investigation meeting – No appearance by respondent – Applicant raised issue when pay reduced – Treated…
    Result:
    Application granted ; Reimbursement of lost wages ($9,000)(18 weeks) ; Compensation for humiliation etc ($7,500) ; Orders accordingly ; Costs in favour of applicant ($1,500)
  • Crawford v M Torok Holdings Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought reasonable contribution to total costs of $3,500 - Respondent did not make submission - No…
    Result:
    Costs in favour of applicant ($1,500)
  • Van der Walt v Able Metal Products Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent's total costs were $5,841 - Claimed as small business with fewer resources than many other employers…
    Result:
    Costs in favour of respondent ($1,000)
  • McRae v The $2 Shop Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought compliance with record of settlement – Respondent failed to file statement in reply - Granted leave to defend application – Respondent submitted application should…
    Result:
    Orders accordingly ; No order for costs
  • Taylor v Review Publishing Co Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed when accepted role made it clear would need support - Neither party rigorously assessed applicant's skills or experience to fulfil role -…
    Result:
    Application granted ; Reimbursement of lost wages (10 weeks reduced to 6) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Murrie v Higher Ground Drug Rehabilitation Trust

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent provided recovery programme to assist residents maintain abstinence from alcohol and drug use - Drug free policy cornerstone of programme - Drug free…
    Result:
    Application dismissed ; No order for costs
  • Stewart v Century 21 Huntly, Morrinsville & Papakura Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Summary dismissal - Whether dismissed or resigned - Manager queried applicant's management of client's property and level of communication with client - Applicant sent email to client…
    Result:
    Application granted ; Reimbursment of lost wages ($4,742)(13 weeks less 5 weeks pay following dismissal) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($873.60) ; Interest 8.5% ; Costs reserved