• Albon v Professional Garden Shed Services Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant refused to participate in toilet cleaning roster - Absence from work - Condition of applicant's employment that not required to undertake cleaning duties or participate in…
    Result:
    Application granted ; Reimbursement of lost wages (11 weeks)(reduced by 50 percent contributory conduct) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved
  • Meat and Related Trades Workers Union of Aotearoa Inc v Bernard Matthews NZ Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Dispute regarding interpretation of leave provisions in parties' collective employment agreement - Collective agreement provided that continuous service" included service by any seasonal employee who had worked entire…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Workman v Carroll

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - No appearance by respondent - Identity of employer - Respondent indicated company was employer rather than him personally - Respondent did not make it clear…
    Result:
    Application granted ; Arrears of wages ($1,446.35) ; Reimbursement for meal expenses ($25) ; Disbursements in favour of applicant ($70)(filing fee) ; ($25)(travel expenses)
  • Adamek and Anor v Coburn

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicants claimed respondent owed them arrears of wages - Respondent alleged was no employment relationship - Respondent alleged she sought to contract…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Carter v Southpark Corporation Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant recruited to position with respondent through recruitment agency K" - Respondent became almost immediately concerned about applicant's performance - Contacted K to express…
    Result:
    Application granted ; Reimbursement of lost wages (3 months' salary less subsequent earnings) ; Compensation for humiliation ($7,500) ; Costs reserved
  • Kyd and Anor v Sturgess

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Anton Piller order had been made - Respondent had filed challenge in Employment Court against Authority's determination - Parties advised Authority they had settled all matters…
    Result:
    Orders accordingly ; No order for costs
  • Ortiz v AB Computer Services Ltd and Ors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Applicant sought contribution of $1,700 to total costs of $3,375 plus $100 for disbursements - Number of failures by respondent to respond to requests…
    Result:
    Costs in favour of applicant ($1,700) ; Disbursements (filing fee and photocopying)($100)
  • Harwood v First Aluminium Dunstan Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Alleged abuse then dismissal - Agreed on three month probationary period but not in writing - Alleged yelled at by director of respondent in first week -…
    Result:
    Application granted ; Reimbursement of lost wages ($5,997 reduced to $4,800)(3 months) ; Compensation for humiliation etc ($2,500 reduced to $2,000) ; Costs reserved
  • Beck v Edge Real Estate Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether employee or commercial arrangement between parties - Fixed term agreement - Applicant advised that office was to close - Letter setting out terms of agreement stated was…
    Result:
    Application dismissed ; Costs reserved
  • Swift New Zealand Ltd v Campbell

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE - Applicant sought declaration on enforceability of restraint of trade provision in respondent's employment agreement - Respondent resigned from position as account manager - Provision prevented respondent…
    Result:
    Application granted ; Orders accordingly ; No order for costs