• Brennan v Early Education Waikato Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Childcare Centre Manager
    Result:
    Application dismissed (unjustified disadvantage) ; Costs reserved
  • Tamati v Mid-Land Contracting Ltd

    Andrew Dallas [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Horticultural Worker
    Result:
    Application granted ; Reimbursement of lost wages ($5,900) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Elisara v Allianz New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DIMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondent’s breach of good faith – Chief Executive Officer (“CEO”)
    Result:
    Application dismissed ; Costs reserved
  • Toatoa v Complete Siteworks Company Ltd and Anor

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Applicant sought $2,300 contribution towards costs in relation to pursuing respondent’s compliance with consent order – Applicant made $500 plus filing fee Calderbank offer –Respondent’s failure to respond…
    Result:
    Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Labour Inspector v Sherrie and Henry Ltd t/a The Page Corner Caf�

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for respondent’s breaches of the ERA, Minimum Wage Act…
    Result:
    Applications granted ; Arrears of wages ($3,492.24) ; Arrears of holiday pay ($6,912.82) ; Penalty ($10,000)(payable to applicant)(10,000)(payable to Crown) ; Costs in favour of applicant ($562.50) ; Disbursements in favour of applicant ($71.50)(filing fee)
  • Smith v Global Kiwi NZ Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – 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
  • Reid v Wellington City Transport Ltd t/a Go Wellington

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by final written warning – Applicant claimed unjustifiably dismissed by respondent – Bus Driver
    Result:
    Applications granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Wijk v Ultimate Design & Renovation Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Telemarketer
    Result:
    Application granted ; Costs reserved
  • McDonald v Terwin Ltd

    C Hickey & P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of 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
  • Johnson v S.T. Linehaul Ltd

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether proceedings commenced within 3 years of raising grievance – RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievances out of time – Foreman
    Result:
    Application granted (practice and procedure) ; Application dismissed (Raising personal grievance) ; Costs reserved