• Booker (Labour Inspector) v Storey t/a The Alteration Shop

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears of holiday pay on behalf of T - Investigation meeting also dealt with orders in respect of another employee -…
    Result:
    Application granted ; Arrears of holiday pay ($2,896.44) ; Interest ($256.98)(8.5%) ; Penalty ($1,200)(payable to Crown) ; Filing fee in favour of applicant ($70)
  • Booker (Labour Inspector) v Storey t/a The Alteration Shop

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Application by Labour Inspector on behalf of J - Investigation meeting also dealt with orders in respect of another employee who attended the investigation -…
    Result:
    Arrears of holiday pay ($890.48) ; Interest 8.5 percent ($34.62) ; Penalty ($800)(Payable to Crown) ; Disbursements in favour of applicant ($70)
  • King v Far North Holdings Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal - Applicant kidnapped by armed robber and had cash stolen from the security truck he was driving – Alleged respondent breached obligations…
    Result:
    Application dismissed (Constructive dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Reimbursement of psychologist expenses ($1,012.50) ; Reimbursement of doctor's expenses ($18) ; Costs reserved
  • Taylor v The Centre for TPM Australasia Pty Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Respondent an Australian limited liability company not registered in New Zealand but submitted to Authority's investigation - At respondent's conference Managing Director (MD") told employees…
    Result:
    Application granted ; Reimbursement of lost wages ($22,500)(11 months less earnings) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Muck v Palace Casino Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Complaint applicant employed to work full time but given part time hours had no basis - Applicant was asked to work…
    Result:
    Application dismissed ; Costs reserved
  • Schaw and Anor v Compac Sorting Equipment Ltd and Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Earlier determination found that applicant was employee not contractor - Applicant accepted offer for employment conditional on obtaining appropriate US visa - Unwise for respondent to tell…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay (quantum to be determined) ; Interest 7 percent ; Orders accordingly ; Applications dismissed (Penalty and unjustified disadvantage)
  • Phillips v Primecare New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant resigned - Alleged respondent’s Chief Executive (“CE”) and Managing Director (“MD”) put undue pressure on her to accept reduced terms and conditions after…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Parties directed to mediation ; Orders accordingly
  • Fallon v Barnados New Zealand Inc

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RAISING OF PERSONAL GRIEVANCE - Respondent alleged applicant had not raised personal grievance within 90 days - Applicant alleged she had raised personal grievance or there were exceptional circumstances upon…
    Result:
    Application granted ; Costs reserved
  • Beck v Edge Real Estate Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Authority found no employment relationship - ï¾½ day investigation meeting - Calderbank offer rejected by applicant - Respondent sought costs of $7,000 plus disbursements towards total costs of…
    Result:
    Costs in favour of respondent ($2,800) ; Disbursements ($454)
  • Ruebe-Donaldson v Sky Network Television Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant's supervisor received complaints about unpleasant odour in office - Supervisor and some complainants believed odour came from applicant - Manager arranged for air conditioning to be…
    Result:
    Application dismissed ; Costs reserved