• Sheridan and Anor v Maxwell and Anor

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONEY - Recovery of overpayment - No written employment agreement - Applicants forgot to cancel automatic payment causing an inadvertent overpayment to respondents - Applicants erred in accounting…
    Result:
    Application granted ; Recovery of monies ordered ($1,060.39) ; Costs to lie where they fall
  • Sealey v Shaw Budgeting and Finance Company Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Contract for services between applicant and respondent involving applicant's company until company struck off - New contract negotiated - Stated was contract…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Lynch v Asteron Life (NZ) Ltd t/a Asteron

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    RAISING OF PERSONAL GRIEVANCE - Applicant reduced to menial duties when respondent restructured - Told respondent unhappy with outcome and intended to take further action over a grievance" - Accepted…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Stagecoach New Zealand Ltd v The New Zealand Tramways Union and Ors

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING - Reference for facilitation - Applicant and four respondent unions had attempted to negotiate new collective agreement to cover bus drivers - Applicant sought facilitation - Alleged protracted strikes…
    Result:
    Application granted ; Reference to facilitation accepted ; No order for costs
  • Mehta v Bremy Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Employment agreement provided for three month probationary period with monthly reviews - No formal review meetings conducted - Dismissed at end of probationary period for failure to…
    Result:
    Application granted ; Reimbursement of lost wages ($6,666.67)(2 months) ; Compensation for humiliation etc ($500) ; Costs reserved
  • King v O'Keefe

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Applicant permanent part-time worker - Arrears of wages for weekend work and holiday pay due and owing -…
    Result:
    Application granted ; Arrears of wages ($560 gross)(4 days) ; Arrears of holiday pay ($420 gross) ; Interest (9%) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
  • Schwalger v Tapa Services Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Proceeded in absence of respondent - Alleged short paid during employment - Alleged mileage allowance for private car use owing - Alleged…
    Result:
    Arrears of wages ($2,084.62) ; ($400)(Retainer) ; ($650)(Bonus) ; Mileage allowance ($525) ; Arrears of Holiday pay ($1,206.28)
  • De Villers v Fujitsu Australia and New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Applicant dismissed following restructuring - Genuine redundancy despite absence of paper trail" - Link between performance improvement programme and redundancy not established…
    Result:
    Application dismissed ; Costs in favour of respondent ($2,000)
  • Lord v Fletcher Steel Ltd t/a Pacific Steel

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Applicant sought contribution of $12,594 or $7,000 to total costs of $21,711 - Respondent sought contribution of $16,680 to total costs of over $65,000…
    Result:
    Costs in favour of applicant ($4,000)
  • MacDonald v Q-Med (Sweden) Australia Pty Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    INTERIM REINSTATEMENT – Application for interim reinstatement – Dismissed for serious misconduct arising out of unauthorised use of respondent’s funds – Whether dismissal unjustified to be determined according to test…
    Result:
    Application dismissed ; Orders accordingly ; Costs reserved