• Phillips v iTAG Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant’s employment agreement set out hours of work and stated additional hours required “from time to time” – One month into employment applicant required…
    Result:
    Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($10,456.28 reduced to $6,974.34)(14 weeks less earnings) ; Compensation for humiliation etc ($6,000 reduced to $4,000) ; Compensation for lost benefit (Company vehicle)($3,230.78 reduced to $2,154.93) ; Costs reserved
  • I C Frith (NZ) Ltd v Young

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Restraint of trade - Application for declaration restraint of trade enforceable - Alternatively, asked Authority to modify restraint as deemed fair and reasonable - Respondent worked for company…
    Result:
    Application dismissed ; Costs reserved
  • Lynch v Turks Poultry Farm Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application withdrawn at investigation meeting - Parties agreed costs to lie where they fall
  • BVR Operations Ltd t/a Brinkley Village v Baker (Labour Inspector)

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Objection to demand notice issued by respondent Labour Inspector - Demand notice required payment of annual and public holiday pay to former employee (S") - Applicant…
    Result:
    Application dismissed (Objection to demand notice) ; Arrears of holiday pay ($297.45)(Annual holiday pay), ($319.62)(Public holiday pay) ; Orders accordingly ; Costs reserved
  • Ayers v Advertising Works Ogilvy Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Respondent purchased another advertising agency and managing director (“MD”) told applicant he “would be a casualty” – MD said applicant not losing his job but presented him…
    Result:
    Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($93,333.33)(4 months) ; Compensation for humiliation etc ($15,000) ; Compensation for lost benefit (Redundancy compensation)($21,538.46) ; Application dismissed (Penalty) ; Costs reserved
  • Watson v Fibre Logistics Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought wages and holiday pay due on termination - Dismissed after charged with offences involving misappropriation of funds from employee social club…
    Result:
    Arrears of wages ($2,115.38) ; Arrears of holiday pay ($3,077.89) ; Interest (7.7 %) ; Penalty ($3,000)(Payable to Crown) ; Costs in favour of applicant ($50) ; Disbursements ($70)(Filing fee)
  • Davis v Harbour Inn Fisheries Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - 1/2 day investigation meeting - Respondent sought indemnity costs of $5,000 as applicant pursued claim knowing he had taken employer's property - Respondent…
    Result:
    Costs in favour of respondent ($1,500)
  • Lally v The Vice-Chancellor Victoria University of Wellington

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Misconduct - Applicant copied email criticising disciplinary process to contacts in email address book - Parties reached prior mediated settlement to attempt to resolve disputes internally -…
    Result:
    Application granted ; Costs reserved
  • Carson v Familton Holdings Ltd t/a Amada Motor Inn

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant legally aided, legal costs restricted to $3,035 - Relatively straightforward claim - Respondent failed to attend…
    Result:
    Costs in favour of Applicant ($2,000)
  • Eastern Bay Independent Industrial Workers Union Incorporated v Carter Holt Harvey Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - In earlier determination applicant and other parties applied for compliance with mediated settlement - Term of settlement to establish working party…
    Result:
    Application dismissed ; Costs reserved