• Fleming v Airways Corporation of New Zealand Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Applicant decided to retire - Intended to finish work but remain employee until expiry of annual leave, days in lieu, retirement leave etc - For previous 35 years…
    Result:
    Question answered in favour of applicant ; Orders accordingly ; Interest (9%) ; Application dismissed (Penalty) ; Costs reserved
  • Allan v Ara Wetere t/a Active Hair 2002

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Applicant sought compliance with mediated settlement - Respondent had not paid agreed settlement sum - Agreement reached for enforcement of mediated settlement - Respondent to pay $1,800…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Turley v Evolution Paving and Landscaping Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance by respondent - Applicant had not received sum owed under agreement - Compliance ordered
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
  • Alexander v The Home Centre Ltd t/a Marlborough Mitre 10 Home and Trade

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed primarily for absenting herself for two days and deceiving employer over reasons for absence - Matter to be placed in context of…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Reimbursement of lost wages ($1,880) ; Costs reserved
  • Hamilton v B&D Doors Ltd, previously known as Dominator International Ltd and Ors

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant alleged performance targets set without consultation - No evidence of this and nothing wrong with targets being formulated - Also alleged demoted from managerial position -…
    Result:
    Application granted (Disadvantage, Dismissal) ; Reimbursement of lost wages ($11,250)(3 months) ; Compensation for humiliation etc ($1,000)(Demotion disadvantage) ; ($1,000)(Suspension disadvantage) ; ($5,000)(Dismissal) ; Application dismissed (Penalty) ; Costs reserved
  • Fletcher v ATL Systems Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court – Applicant received base salary plus commission – Whether commission payments properly included in holiday pay calculated under Holidays Act…
    Result:
    Application granted ; Matter removed to Court ; No order for costs
  • Lunt v Customised Solutions Group Ltd

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought two months wages and reimbursement of various expenses incurred on behalf of respondent - No appearance by respondent - While applicant did not have…
    Result:
    Application granted ; Arrears of wages ($7,000) ; Expenses ($901.35)
  • Rider v Stratford By Products Ltd, also t/a Taranaki Abattoirs (1992) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Credibility finding against applicant - Authority found applicant decided to resign after suffered second injury at work - Announced intention to leave…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages (1 week) ; Costs reserved
  • Dvosrsky v Sirva Group Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of confidential settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Clark v Mackway-Jones and ors as Trustees of the Family Start Support Services (Invercargill) Trust

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Whether person intending to work – Applicant managed Family Start Programme (FSP) – FSP run by a trust under contract with Southland District Health Board (SDHB) –…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages (10 months less earnings) ; Compensation for humiliation etc ($5,000) ; Costs reserved