• Barton v Programmed Maintenance Services (NZ) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant struggled with aspects of job - No formal performance management process implemented - Respondent raised concerns about applicant's interpersonal relationships with colleagues - Evidence of off…
    Result:
    Application dismissed ; Costs reserved
  • Webb v Accidento Ltd and Anor

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Applicant sought costs in her favour following her election not to proceed with an application for compliance order - Parties had negotiated settlement - Respondents subsequently alleged applicant…
    Result:
    Costs in favour of applicant ($500)
  • Tararo v Toll NZ Consolidated Holdings Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed for theft - Ferry passenger told respondent she observed applicant stealing from till - Allegation that he had rung on only…
    Result:
    Application granted ; Reinstatement ordered ; Parties directed to mediation to facilitate reinstatement ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation ($15,000) ; Costs reserved
  • Sutherland v Petkovden Company Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance but successful claim for penalty - Length of investigation meeting not specified - Applicant sought contribution of $2,000 to total costs of $9,502 (inclusive of…
    Result:
    Costs to lie where they fall
  • Breen v Tulloch Transport Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Poor performance - Use of company vehicle was withdrawn from applicant after he had vehicle at home during annual leave allegedly against employment agreement…
    Result:
    Application granted ; Reimbursement of lost wages ($1,400)(Two weeks) ; Compensation for humiliation etc ($3,000)(Unjustified dismissal) ; Loss of benefit ($2,500)(company vehicle) ; Costs reserved
  • Quintal v Restaurant Brands Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Free item code was used in applicant's store at very high levels long after the promotion to which it related had ended - After…
    Result:
    Application dismissed ; Costs reserved
  • Clements v Water Treatment Products Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought full indemnity costs of $1,927 including GST - Full indemnity costs not appropriate - Respondent…
    Result:
    Costs in favour of applicant ($1,000)
  • Zhang v Anim8 Production Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - No appearance by respondent - Occurred after 1 December 2004 - Respondent alleged no employment relationship - Written employment agreement showed employment relationship existed - Whether dismissal…
    Result:
    Application granted ; Reimbursement of lost wages ($8,000)(2 months) ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements ($70)(filing fee)
  • Monk v New Zealand Lotteries Commission

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Serious misconduct - Mileage allowance paid for shift work but no written policy - Applicant dismissed for claiming mileage allowance not entitled to, collaborating…
    Result:
    Application granted ; Reimbursement of lost wages ($19,918,76)(18 weeks) ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Vankan v James Pascoe Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged bullying and abusive behaviour from manager - Applicant raised issues about manager's behaviour and holiday pay and sick leave entitlements on numerous occasions…
    Result:
    Application dismissed ; Costs reserved