• Baker v Dawson's Catering (N.Z.) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING OF PERSONAL GRIEVANCE - Applicant alleged actions of respondent amounted to unjustified constructive dismissal - Respondent alleged applicant raised personal grievance outside 90 day limitation period - Telephone conversation…
    Result:
    Application granted ; Parties directed to mediation ; Costs reserved
  • Bell v Tolaga Bay Cashmere Company Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether legal relationship - Whether employee or independent contractor - Applicant sourced knitting machines from Scotland for respondent's business and on return provided training to staff - Alleged…
    Result:
    Application granted (Arrears) ; Arrears of wages ($50,331) ; Costs reserved
  • Dewar v The Order of St John Midland Regional Trust Board

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Ten hour investigation meeting - Respondent sought contribution of $23,500 to total costs of $35,000 and disbursements of $1,333 - Alleged amount of costs…
    Result:
    Costs in favour of respondent ($8,000)
  • Total Beauty Supplies Ltd v Northway

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RESTRAINT OF TRADE - Applicant sought declaration that respondent comply with restraint of trade and damages for breach of restraint - Employment agreement prohibited respondent from working in competition to…
    Result:
    Applications dismissed ; Counterclaim granted ; Repayment of illegal deduction ($519.50) ; Costs reserved
  • Ferrar-Jones v Ascot Insurance Brokers Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant subjected to sarcasm, anger, irrational conduct, shouting, sneering, swearing, denigration and other similar verbal abuse, and physical behaviour such as stamping, door-slamming and…
    Result:
    Application granted ; Reimbursement of lost wages ($7,500)(3 months) ; Compensation for humiliation etc ($8,500) ; Costs reserved
  • Tuiasau v Sport Waitakere

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant told his position was to be restructured - Respondent had good faith obligation to consult staff on proposals which could affect their employment…
    Result:
    Application granted ; Reimbursement of lost wages (2 months reduced to 1 month) ; Compensation for humiliation etc (unjustified disadvantage)($3,000 reduced to $1,500) ; (unjustified dismissal)($6,000 reduced to $3,000) ; Costs reserved
  • Longdill v Ronald t/a Dzignakit

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - No appearance by respondent - Respondent originally cited as individual - During investigation meeting information indicated respondent traded under different name - Authority heard applicant's claim…
    Result:
    Application granted ; Arrears of wages ($1,265) ; No order for costs ; Filing fee in favour of applicant ($70)
  • Sullivan v Eagle Print Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether independent contractor or employee - No written agreement - Applicant, trading under another name, contracted to respondent to provide accounting software support services and print brokering services…
    Result:
    Application dismissed ; Costs reserved
  • Fisher v Xpressions Fashion Clothing Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Employment relationship problem involving reasons for end of employment relationship and request for time and wage records - Difficulties arranging mediation between parties - Respondent’s company director…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • McLeman v New Zealand Commercial Care Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - No appearance for respondent - Whether independent contractor or employee - Not given a copy of document signed when she was first engaged - Applicant did not supply…
    Result:
    Applications dismissed (Unjustified dismissal and unjustified disadvantage) ; Arrears of wages ($2,105.60) ; Arrears of holiday pay ($4,116.37) ; Interest (9 percent)