• Bailey & Anor v NZL Group

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    INTERIM CONSENT ORDER - Parties agreed to process to progress personal grievance claim - Agreement included terms relating to provision of documents, affidavits and evidence - Parties agreed to attend…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Monk v Composite Cladding & Signage Manufacturing and Installations Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • McClelland v The Supply Chain Ltd

    R Arthur [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Dismissed after respondent investigated applicant's complaint co-worker (B") threatened him and kicked car - Respondent found applicant breached company rules by creating situation where confrontation…
    Result:
    Application granted ; Reimbursement of lost wages (Five weeks reduced to one) ; Compensation for humiliation etc ($3,000 reduced to $600) ; Costs in favour of applicant ($1,500) ; Disbursements ($70)(Filing fee)
  • Burch v Sensation New Zealand Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Co-worker complained about applicant’s offensive language and behaviour - Applicant suspended after initial investigation - Dismissed after further investigation - Applicant on final warning for…
    Result:
    Application dismissed ; Costs reserved
  • Labour Inspector (A Taljaard) v R. J. Wireless Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears of holiday pay on behalf of L - Parties reached agreement on amount owing - Respondent sought direction that L…
    Result:
    Application granted ; Arrears of holiday pay ($865.39) ; Orders accordingly ; Costs to lie where they fall
  • Salisbury v Moncur Engineering Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance - Two months into employment applicant's performance deteriorated markedly – Applicant’s employment reviewed four months into relationship – Applicant rated himself average and below average…
    Result:
    Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($2,295)(3 weeks) ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($1,000) ; Application dismissed (Damages)
  • Dawson v Te Wananga O Aotearoa

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - Fact similar role established shortly after applicant dismissed did not automatically demonstrate original decision to disestablish position not genuine - Genuine…
    Result:
    Application dismissed ; Costs reserved
  • Smith v Nga Kairauhii Trust

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Grievance raised over 14 months after date alleged dismissed and over 13 months after resolved arrears claims - No…
    Result:
    Application dismissed ; Costs reserved
  • White v Challenge Trust

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Serious misconduct - Applicant circulated email message which respondent considered to be derisory and undermining of management – Prelude to dismissal involved applicant seeking…
    Result:
    Application granted ; Reimbursement of lost wages (Quantum to determined reduced by 50 percent) ; Compensation for humiliation etc ($1,000)(Unjustified disadvantage) ; ($8,000 reduced to $4,000)(Unjustified dismissal) ; Costs reserved
  • Donovan v Tourism West Coast Inc

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Respondent clearly advised applicant contemplating redundancies and arranged meeting to discuss options - Applicant sought to defer meeting to obtain advice but it proceeded informally…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved