• Gardiner v Rock and Rolly Ltd t/a Rock Pub and Cafe

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant alleged wages had been withheld from him in relation to short period of employment with respondent - Applicant resigned - Respondent alleged entitled to withhold…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Mohi and Anor v Parts and Services Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    SEXUAL HARASSMENT – Second applicant (“B) alleged physical and verbal sexual harassment by operations manager (“P”) – Some incidents witnessed by other employees – B told supervisor, who arranged…
    Result:
    Application granted; Compensation for humiliation ($2,500)(First applicant) ; ($6,000)(Second applicant) ; Orders accordingly ; Costs reserved
  • Lee v Ryu International Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant off work ill - When advised could resume duties was dismissed - Respondent alleged did not think applicant fully recuperated - Applicant's return to work was…
    Result:
    Application granted ; Reimbursement of lost wages ($3,298)(4 weeks) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($12,371)(Under Minimum Wages Act) ; Arrears of holiday pay ($3,663.50) ; Costs reserved
  • Kumar v Lendich Construction Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No written employment agreement - Applicant resigned without notice - Claimed one week's wages and holiday pay due and owing - Respondent did…
    Result:
    Application granted ; Arrears of wages ($1,332) ; Arrears of holiday pay ($1,661.40) ; Interest (9%) ; No order for costs ; Disbursements ($70)(filing fee)
  • Coetser v BBQ Factory Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties resolved employment relationship problem - Agreement to be recorded in consent order of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • How v PPCS Ltd (formerly Richmond Ltd)

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of details of settlement to preserve parties'…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • MacKay v Chief Executive Land Transport New Zealand

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for stay of proceedings - Authority had found applicant unjustifiably dismissed and awarded remedies - Respondent challenged determination and sought a stay - Respondent alleged…
    Result:
    Application granted ; Orders accordingly ; No order for costs
    • 10 May 2005

    • WA 10A/05

  • Levay v H and J Smith Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether constructive dismissal or voluntary resignation - Applicant had numerous concerns throughout employment - Few, if any, brought to respondent's attention at or close…
    Result:
    Application dismissed ; Costs reserved
  • X v Auckland District Health Board

    D King [Employment Relations Authority - Auckland]

    Summary:
    INTERIM REINSTATEMENT - Arguable case - Applicant contended respondent had not followed disciplinary policy and was disparity of treatment - No other adequate remedies for applicant - Likely to suffer…
    Result:
    Application granted ; Reinstatement ordered ; Orders accordingly ; Parties directed to mediation ; Costs reserved
  • Havili v Seamart (Wholesale) Ltd and Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - No appearance by respondents - Inadequate investigation of applicant's formal complaint of alleged assault by supervisor - Safe working environment required by law - Respondent simply accepted…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; Penalty ($2,500)($1,000 payable by first respondent to applicant)($1,500 payable to Crown) ; ($500)(payable by second respondent to Crown) ; Costs ($750)