• Field v AB Equipment Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Quantum of remedies - Authority had reserved leave on calculation of lost benefit if parties could not agree on sum - Parties unable to resolve issue…
    Result:
    Orders accordingly ; Costs in favour of applicant ($4,000) ; Disbursements ($430) ; ($70)(Filing fee)
  • Chapple v Department of Labour

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PARENTAL LEAVE - Applicant sought to remedy irregularity under s68 Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Application not opposed by respondent - Applicant contacted IRD and lodged…
    Result:
    Application granted ; No order for costs
  • Jose v Barter Exchange Ltd t/a Victoria Motor Services

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages, holiday pay and other monies owed under alleged employment agreement - Credibility finding in favour of respondent -…
    Result:
    Application granted (Arrears) ; Arrears of wages and holiday pay ($1,296.05) ; Application dismissed (Damages) ; Counterclaim granted (Recovery of monies) ; Monies owed ($821.17) ; Counterclaim dismissed (Breach of contract, penalty) ; Costs reserved
  • Maunder v Restaurant Brands Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Applicant suffered depressive illness – Alleged caused by breaches of duty by respondent – Submitted Attorney-General v Gilbert (cited below) confirmed five distinct implied contractual obligations…
    Result:
    Application dismissed ; Costs reserved
  • Treymane v Canwest Radio NZ Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement to role as radio show host – Applicant made redundant when not appointed to new position after respondent restructured – Scope of new position…
    Result:
    Application dismissed ; No order for costs
  • Weatherly v Pulp and Paper Industry council of the Manufacturing and Workers Union & Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Respondent and union agreed to set of principles when redundancies proposed - Applicant made redundant and raised issues regarding quality of consultation - Parties undertook…
    Result:
    Application dismissed ; No order for costs
  • Royal v Petri & Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – No appearance by either party – Applicant required to give evidence to support her claim – Without attendance matter could not progress – No good cause…
    Result:
    Application dismissed ; Orders accordingly ; No order for costs
  • Carter v Turnaround Managers Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Triangular employment - Applicant claimed owed wages for accounting work done for respondent's clients - Respondent argued accounting work performed by applicant on…
    Result:
    Application granted : Arrears of wages ($810) ; Arrears of holiday pay ($4,271.06) ; Interest (8%) ; Costs to lie where they fall
  • Newsome v Yellow Fin Holdings Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Respondent agreed to pay $6,750 compensation Under…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Samson v K & T Renata Transport Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent claimed applicant dismissed because persistently failed to perform duties – Respondent proposed change from salary to hourly rate – Applicant rejected proposal and…
    Result:
    Application granted ; Reimbursement of lost wages ($3,588)(23 days) ; Compensation for humiliation etc ($4,000) ; Penalty ($200)(Payable to Crown) ; Costs reserved