• Belich v Rusty Pelican Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - All shares in respondent company (RPL") owned by R&R through joint share and trust - Applicant and husband discussed buying RPL -…
    Result:
    Application granted ; Reimbursement of lost wages ($8017.33) ; Compensation for humiliation etc ($6000) ; Costs reserved
  • Barnett v McLoud t/a European Wholesale Cars

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Summary dismissal – No appearance for respondent – No written employment agreement - More likely than not applicant’s evidence described employment and dismissal - On two occasions…
    Result:
    Application granted ; Reimbursement of lost wages ($2,240) ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee)
  • Sammons v TPC Group Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Respondent in receivership - No appearance by respondent - Receivers’ advised Authority they did not intend to participate further in defence - As would lessen…
    Result:
    Application granted ; Reimbursement of lost wages ($9,489.07) ; Arrears of wages and holiday pay ($3,067.33) ; Compensation for lost benefit (Company vehicle) ($2,500) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Greenwood v Vodaphone New Zealand

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful personal grievance - Two day investigation meeting - Applicant submitted total costs of $10,876 plus disbursements reasonable for matter - Respondent argued applicant only successful in…
    Result:
    Costs in favour of applicant ($5,000)
  • Farmer v Advance International Cleaning Systems (NZ) Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - After lengthy period of unpaid sick leave, applicant worked one day then did not return - Received letter stating respondent could…
    Result:
    Application granted (dismissal) ; Reimbursement of lost wages ($2,563.08)(4 weeks less earnings) ; Compensation for humiliation etc ($1,000) ; Application dismissed (Penalty) ; Counterclaim dismissed
  • NZ Engineering Printing & Manufacturing Union Inc v Terry Young Ltd (t/a Yunca Heating & Gas)

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    BARGAINING - GOOD FAITH - Applicant claimed respondent advised and attempted to induce union members not to be involved in bargaining for collective employment agreement (CEA") in breach of s4(6)…
    Result:
    Question answered in favour of applicant ; Penalty ($6,000)(To Crown) ; Application dismissed (Compliance order) ; Costs reserved
  • Plimmer v Hawksbury Community Living Trust

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Previously mediation between parties - Applicant told colleague who attended, and that manager cried during mediation - Respondent saw this as breach of confidentiality…
    Result:
    Application granted ; Reimbursement of lost wages ($11,322)(17 weeks) ; Compensation for humiliation etc ($12,000) ; Costs reserved
  • A v B

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement, evidence in…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • National Distribution Union v Arthur Barnett Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Interpretation of overtime provision in collective employment agreement (CEA") - Whether overtime triggered on daily or weekly basis - Applicant's analysis preferred, meant phrase "on a daily basis"…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Tu'inukuafe v Fuima'ono

    D King [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - No appearance for respondent - No written employment agreement - Respondent contracted to courier company - Triangular employment relationship - Applicant claimed…
    Result:
    Application granted ; Arrears of wages ($1,320) ; Disbursements in favour of applicant ($70)(Filing fee)