• Clifford v Fentondale Enterprises Ltd t/a Grand Tiara Hotel Rotorua

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Applicant sought full reimbursement of costs of $1,221 for professional legal services, $1,417 for travel and…
    Result:
    Costs in favour or applicant ($570)
  • Erchova v Storewatch Response Group Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by respondent - No written employment agreement - Unchallenged evidence that respondent asked applicant to sign resignation letter - Forced resignation amounted…
    Result:
    Application granted ; Reimbursement of lost wages ($5,188.85)(4 months) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($2,134.62) ; Arrears of holiday pay ($469.61) ; Interest (7 percent) ; Costs reserved
  • Aranga v The Chief Executive of the Department of Corrections

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for alleged violence against prison inmate (A") - Applicant entered A's holding cell after A was abusive towards other corrections officers -…
    Result:
    Application dismissed ; Costs reserved
  • Holman v Race Car Promotions Ltd t/a TSNZ Business Furniture

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • McMillan v Inter Pacific Logistics Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - No written employment agreement - Genuine redundancy - Procedural unfairness - Applicant given leave to consider alternatives to making her position redundant - Upon return…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Roy and Ors v APM Buildings Construction Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Urgent application - No appearance by respondent - Evidence established wages and holiday pay quantified by each applicant due and owing - COMPLIANCE…
    Result:
    Application granted ; Arrears of wages ($5,760)(PR) ; ($5,760)(GD) ; ($3,009)(PE) ; ($2,727)(DA) ; (3,009)(LL) ; ($5,320)(AK) ; ($2,600)(TF) ; Arrears of holiday pay ($561.60)(PR) ; ($734.47)(GD) ; ($451.98)(PE) ; ($374.22)(DA) ; (485.46)(LL) ; ($1,440)(AK) ; ($811)(TF); Compliance ordered ; No order for costs ; Disbursements ($70)(filing fee)(PR)
  • Marlow v Gorrie Fuel (SI) Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Three hour investigation meeting - Applicant sought indemnity costs of $2,333 - Costs incurred reasonable - Applicant made number of attempts to resolve matter…
    Result:
    Costs in favour of applicant ($1,000)
  • McFarlane v Quantum Chemicals Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - No written employment agreement - Personal relationship between applicant and respondent's manager ended - Manager became overly familiar, manipulative and bullying - Behaviour included…
    Result:
    Application granted ; Reimbursement of lost wages ($18,333.33)(4 months) ; Compensation for humiliation etc ($7,500) ; Counterclaim dismissed ; Costs reserved
  • Senice v R Savory Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - No written agreement - Applicant paid weekly on invoice with 20 percent withholding tax deducted from payment - Weekly hours of work…
    Result:
    Application dismissed ; Costs reserved
  • Newall and Anor v McKellar Property Services Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court – Applicants alleged respondent breached part 6A, subpart 1 (ss 69A-69J) ERA, clause of collective agreement and deed of agreement…
    Result:
    Application granted ; Matter removed to Employment Court ; Costs reserved