• Derecourt v Owens Cargo Company Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation and application of individual employment agreement - Whether redundancy compensation correctly calculated – Applicant re-employed by respondent after 15 month break – Employment agreement included previous 10…
    Result:
    Dispute determined in favour of applicant ; Redundancy compensation ($9,711.50 gross) ; Interest (7%) ; Costs reserved
  • Mackle v Wellington Pathology Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Matter resolved by respondent apologising for unintentional delay in payments…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Harris v Thwaite and Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - No appearance for either party - Parties had agreed to cooperate with mediation services - Indication on file matter had probably settled but Authority had not…
    Result:
    Application closed
  • Wealleans v Christchurch Collision Repairs Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - No appearance by applicant - Authority satisfied applicant informed of date, time and location of investigation meeting - Matter struck out - COSTS - Just to…
    Result:
    Application dismissed ; Costs in favour of respondent ($650)
  • Tindall and Anor v NJG Holdings Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicants sought compliance with mediated settlement - Alleged respondent breached clause that applicants be permitted to enter premises to uplift personal property - Personal property to be…
    Result:
    Application dismissed ; No order for costs
  • Gleeson v Real Cakes and Pastries Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Respondent stopped automatic wage payments upon receiving applicant’s resignation – Three subsequent cash payments of smaller amounts – Applicant assaulted company director during dispute over whether further…
    Result:
    Application dismissed (Unjustified disadvantage) ; Application granted (Arrears of wages and holiday pay) ; Arrears of wages and holiday pay ($1,612)(Arrears less speeding ticket ($80) and personal cell phone charges ($100)) ; Application dismissed (Damages) ; Costs in favour of applicant ($1,000) ; Disbursements ($70)
  • LJS Employment Ltd v Matthews

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Application for recovery of training bond and one month’s pay in lieu of notice – No appearance for respondent - Employment agreement required forfeiture of one…
    Result:
    Application granted (Payment in lieu of notice) ; Application dismissed (Training bond) ; Damages ($1,218.78)(14 days wages less $167.22 holiday pay withheld by applicant) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
  • Gollop v Canpac International Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – DISCRIMINATION - Applicant redeployed in permanent day shift position as result of restructuring – Calculation of continuous service restarted from commencement of new role – Transferred to…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Watt v R. D. Managh Ltd t/a Odin's Marine

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Misconduct – Applicant continually over-revved outboard motors while carrying out pre-delivery inspections – Altered behaviour for short while after training given but then reverted to previous habits…
    Result:
    Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($6,480 reduced to $3,240) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Application dismissed (Penalty) ; Costs reserved
  • Peary v ME & SE Transport Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Other monies - Previous determination reserved consideration of respondent’s counterclaims for later time if necessary – Counterclaim now considered – Respondent sought recovery of cost of…
    Result:
    Application granted ; Other monies ($988.31)(Reimbursement of charges improperly occurred) ; Costs in favour of respondent ($1,000)