• Linton v Auckland Labour Services Ltd and Ors

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Oral decision given - No appearance for respondent - Authority had taken all proper steps to ensure respondents knew of investigation meeting - Applicant…
    Result:
    Application granted ; Compensation for humiliation etc ($6,500) ; Commissions due on settled sales ($17,700) ; Unpaid wages ($4,257.87) ; Overdue commission ($1,500) ; Costs in favour of applicant ($2,000)
  • Duncan v North Otago Ag-Centre Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Whether dismissed – During initial days of employment applicant required to build own office space – Applicant absent from work on number…
    Result:
    Application granted (Unauthorised deductions) ; Reimbursement of unauthorised deductions (To be calculated)(26 hours) ; Interest (9%) ; Application dismissed (Penalty, unjustified disadvantage, unjustified dismissal) ; Costs reserved
  • Hann v Silbury Home Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Five hour investigation meeting - Respondent sought contribution of $7,000 towards costs of $12,263 (GST inclusive) - Respondent referred Authority to Calderbank offer made…
    Result:
    Costs in favour of respondent ($1,800) ; Disbursements ($119.35)
  • Paulin and Anor v Southland District Health Board

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Investigation meeting less than one day - Respondent sought 80 percent of solicitor/client costs of $15,320(GST inclusive) - Respondent referred to Calderbank offer -…
    Result:
    Costs in favour of respondent ($2,500) ; Disbursements ($166.66)
  • Greenlea Premier Meats Ltd v New Zealand Meat and Related Union Aotearoa Branch

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought interlocutory injunction against respondent preventing it from conducting two union meetings on applicant's site and with applicant's employees on the following day, one during…
    Result:
    Application granted ; Matter removed to Court ; No order for costs
  • Morris v First City Developments Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND OTHER MONIES - Applicant alleged commissions due and owing - Also alleged had not been paid four weeks redundancy entitlement - No appearance for respondent -…
    Result:
    Application granted ; Arrears of wages ($1,300)(Commissions) ; Redundancy payment ($3,076.92) ; Interest (7 percent) ; Disbursements in favour of applicant ($70)
  • De Souza v Waikato Students' Union

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    RAISING OF PERSONAL GRIEVANCE – Whether personal grievance raised within 90 day period – Initial letter of complaint concerning bullying adequately raised grievance concerning failure to provide safe workplace despite…
    Result:
    Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($10,000) ; Application dismissed (Breach of good faith) ; Costs reserved
  • Patel v Skylounge New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Significant dispute over facts and conditions of employment - Applicant claimed employed full time, including daily lunch shift - Respondent claimed employed…
    Result:
    Application granted ; Lost remuneration ($1,680)(3 weeks) ; Costs reserved
  • Baker v OSI International Foods (Australia) Pty Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether appropriate jurisdiction for claim against respondent New Zealand or Australia - Applicant accepted regional management position with Australian branch of international organisation – Position based in Australia…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Himona and Anor v Carter Holt Harvey Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicants climbed onto moving conveyer belt in attempt to fix blockage – Engineer told applicants to get off – Blockage problems continued and applicants…
    Result:
    Applications dismissed ; Costs reserved