• Jackson v Hsien Lee t/a Treasure Restaurant

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Applicant student hired by respondent to work part-time in family business - Dismissed on two weeks’ notice - Advised no longer needed as children…
    Result:
    Application granted ; Reimbursement of lost wages ($1,002.75)(10 weeks including time on suspension without pay) ; Compensation for humiliation ($1,500) ; Costs reserved
  • Aaltonen v Radfords Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Occurred after 1 December 2004 - Respondent suffered financial difficulties - Applicant employed without authority by assistant manager (applicant's uncle) on three month fixed term…
    Result:
    Application dismissed ; Costs reserved
  • Krammer v Childzplay Centre Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Respondent company was applicant’s employer - Respondent acknowledged in letter that owed applicant wages - In absence of…
    Result:
    Application granted ; Arrears of wages ($1,437) ; Arrears of holiday pay ($86.22) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
  • Van Kampen v New Zealand Business Telephone Company Ltd and Anor

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - New position of corporate sales manager" not identical to applicant's position and in any case four month gap between dismissal and creation…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Lash v TelstraClear Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Restructuring - Applicant advised by telephone of proposal to disestablish position and invited to provide feedback by certain date - Deadline for feedback extended -…
    Result:
    Applications dismissed ; Costs reserved
  • Sutherland v Petkovden Company Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Alleged director of respondent cut applicant twice with boning knife – On ACC because of injuries – Not seeking compensation for personal injury but compensation for alleged…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (penalty)($1,000)(To Crown) ; Cost reserved
  • Van Der Kleij v Zespri International Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Applicant filed statement of problem relating to work undertaken overseas - Subsequent unsuccessful mediation attempt - Applicant withdrew claim due to decision to pursue matter in overseas jurisdiction…
    Result:
    Costs in favour of respondent ($1,000)
  • Hussein v Premier Autos Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant resigned after discussion about cell phone use at work and timing of lunch breaks - Respondent discovered applicant's employment agreement missing from office records - Subsequent…
    Result:
    Application dismissed (Unjustified disadvantage) ; Applications granted (Restraint and penalty) ; Orders accordingly ; Penalty ($150)(Crown) ; ($150)(Applicant) ; Costs reserved
  • Davis and Anor v First Homes (2002) NZ Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - First applicant withdrew employment relationship problem prior to investigation meeting - Whether second applicant employee or independent contractor - No appearance for respondent - Respondent's statement in reply…
    Result:
    Applications granted ; Arrears of wages ($476 gross)(2 days) ; ($1,400 gross)(1 week's pay in lieu of notice) ; Arrears of holiday pay ($3,875.09 gross) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Air8tors Ltd v Umbers

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE - Employment agreement restrained applicant from working in New Zealand in any business similar to the business conducted by" respondent for period of three years following termination…
    Result:
    Application granted in part (compliance with restraint) ; Application dismissed (damages for breach for restraint) ; Applications dismissed (unjustified dismissal and arrears) ; Orders accordingly ; Costs reserved