• Harling v Gordon Johnson Ltd t/a McDonald's Timaru

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DIMISSAL – Applicant claimed unjustifiably dismissed by respondent – McDonalds Crew Person
    Result:
    Application dismissed ; Costs reserved
  • Uddin v HD Security Services Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – ARREARS OF WAGES – Applicant sought arrears of wages – PENALTY – Applicant sought penalty for respondent’s breach…
    Result:
    Applications granted ; Compensation for humiliation etc ($2,250) ; Arrears of wages ($540) ; Penalty ($1,000)(payable to applicant) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Palfreyman v KCL Engineering Services Ltd

    J Trotman [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Administrator
    Result:
    Application granted ; Arrears of wages ($14,252.59) ; Arrears of holiday pay ($1,140.21) ; Interest (5%) ; Costs reserved
  • Vailua v Hubbard Foods Ltd

    J Trotman [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – Four days investigation meeting – Applicant sought uplift in daily tariff to cover preparation of written submission and site visit – Respondent sought…
    Result:
    Costs in favour of applicant ($15,000) ; Disbursements in favour of applicant ($766.65)(hearing fees)($71.56)(filing fee) ($1,154.16)(printing and binding)
  • Estcourt v Napier City Council

    M Loftus [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by the manner respondent disestablished position and offered…
    Result:
    Applications dismissed (unjustified dismissal)(unjustified disadvantage) ; Question answered in favour of respondent ; Redundancy compensation ($50,433.90) ; Costs reserved
  • Chapman-Labecka v Vetlife Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Veterinarian
    Result:
    Application granted ; Reimbursement of lost wages ($13,071) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Sayer v Fivefifteen Holdings Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful claims – Less than one day investigation meeting – Respondent made Calderbank offer – Calderbank offer unreasonable – Not unreasonable for applicant to reject Calderbank –…
    Result:
    Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Singh v VR Lofts Management Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether respondent consented to grievance being raised out of time – Housekeeping Manager
    Result:
    Application dismissed ; Costs are reserved
  • Lorimor v United States Embassy

    M Loftus [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant could raise personal grievance against employer – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – HR Manager
    Result:
    Applications dismissed ; Costs lie where they fall
  • Breen v Kiwi Family Otago Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought non-publication order in respect of any information identifying rest home residents – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent…
    Result:
    Application granted ; Reimbursement of lost wages ($14,793.93) ; Arrears of holiday pay ($1,112.63) ; Arrears of KiwiSaver ($443.77) Compensation for humiliation etc ($15,000) ; Costs reserved