• Otene v AG Walter & Sons Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether settlement between parties prevented pursuit of personal grievance - Applicant alleged unjustifiably disadvantaged by warning and unjustified dismissal - Immediately after dismissal union organiser raised grievance about…
    Result:
    Application dismissed ; No order for costs
  • Ngamata v Te Puna Reo Maori O Nga Maungarongo Inc

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant verbally resigned at hui, as strongly disagreed with how respondent dealt with misconduct of colleague - Applicant attempted to retract resignation - Management…
    Result:
    Application dismissed (Unjustified dismissal) ; Application dismissed (Counterclaim) ; Costs reserved
  • Miller v Air New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Restructuring - Applicant's position disestablished - Applicant alleged not proper consultation and was not fairly considered for redeployment - Applicant applied for new position but…
    Result:
    Application dismissed ; Orders accordingly ; No order for costs
  • Richardson v Ng and Anor t/a The Hot Plate Restaurant

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant not paid two alternative holidays for work on statutory holidays - Respondent accepted arrears of holiday pay due and owing - UNJUSTIFIED…
    Result:
    Application granted ; Arrears of wages ($600) ; Arrears of holiday pay (Annual leave)($40.80) ; (Alternative holiday)($115) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($700) ; Disbursements (filing fee)($70)
  • Eustace v Telecom Directories Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought to raise additional causes of action of alleged breaches of implied terms - Allowed to make submissions in respect of additional claims - UNJUSTIFIED…
    Result:
    Application dismissed ; Costs reserved
  • Cust v Manchester Irish Ltd t/a Sullivans

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Employment relationship deteriorated after performance issues raised by respondent - Two warnings given for abusive behaviour towards owner - Applicant suspended - Respondent prepared letter…
    Result:
    Application granted ; Costs to lie where they fall
  • Heffernan v Estate of Patrick David Heffernan

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful arrears of wages claim - Substantive matter conducted as an adjudication hearing before Employment Tribunal - Four day hearing - Respondent sought party and party costs or…
    Result:
    Costs in favour of respondent ($34,000) ; Disbursements ($1,020)
  • Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - No written employment agreement - Significant dispute over facts - Respondent's business cyclical - Applicant offered job at competing firm but…
    Result:
    Application granted ; Reimbursement for lost wages (1 week, 1 day) ($845.76) ; Compensation for humiliation etc ($5,000) ; No order for costs
  • Grigg v IHC

    P Cheyne [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
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Dunstan v Dependable Storage Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Date of service on respondent one day short of period required by Authority's regulations - Matter to proceed…
    Result:
    Application granted ; Arrears of wages ($4,615.38)(Salary) ; ($4,480)(Bonuses) ; Arrears of holiday pay ($4,230.77)(Annual leave) ; Interest (9%) ; No order for costs