• Black v Yankee Bourbon Company Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent’s actions - Applicant claimed unjustifiably dismissed by respondent - Whether valid 90 day trial period…
    Result:
    Applications partially granted (unjustified disadvantaged) (unjustified dismissal) ; Contributory conduct (100%) ; Application granted (arrears of wages) ; Arrears of wages ($240.79) ; Application dismissed (penalty) ; Costs reserved
  • Archibald v Waikato District Health Board

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Whether offer of redeployment met terms of collective employment agreement (“CEA”) - Whether applicant entitled to severance pay - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed…
    Result:
    Question answered in favour of applicant ; Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Kingi v Supa Shavings Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – COUNTERCLAIM – RECOVERY OF MONIES –…
    Result:
    Applications dismissed ; Costs reserved
  • Fraser v Robin Andrew Page as the Director of Chathams Direct Ltd and Chathams Direct 2012 Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - No appearance for respondent – Deck Hand
    Result:
    Application granted
  • Burrows v The Commissioner of Rangiora High School

    V Campbell [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent’s actions - Applicant claimed unjustifiably dismissed by respondent - Commissioner appointed due to concerns relationship…
    Result:
    Applications granted (unjustified disadvantage) (unjustified dismissal) ; Application dismissed (raising personal grievance) ; Reimbursement of lost wages (eight months) ; Compensation for humiliation etc ($20,000) ; Costs reserved
  • Li v Asopalav New Zealand Ltd t/a Hair Co and Beauty Co Lynn Mall Shopping Centre

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - CONSENT ORDER - Parties sought consent order - COSTS - Applicant sought contribution towards costs - Hairdresser
    Result:
    Applications granted ; Orders made ; Compensation for humiliation etc ($8,000) ; Costs in favour of applicant ($1,286)
  • Underhill & Anor v Coca-Cola Amatil (NZ) Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful raising personal grievance claims - Half day investigation meeting - Respondent sought contribution to costs - Appropriate to apply notional daily tarif - Applicants to pay respondent…
    Result:
    Costs in favour of respondent ($2,250)
  • Norman v Canam Management Services Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Two day investigation meeting - Applicant sought contribution to costs - Appropriate to apply notional daily tariff - Respondent to pay applicant $7,000…
    Result:
    Costs in favour of applicant ($7,000) ; Disbursements in favour of applicant ($378.22)(filing fee and hearing fees)
  • A v R

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought interim and permanent orders for non-publication of identifying details of parties - RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Whether…
    Result:
    Application dismissed ; Costs reserved
  • Watson v Ashburton District Council

    E Robinson [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful claim - No investigation meeting - Respondent sought contribution to costs - Appropriate to decide costs on basis of time equivalent to half day investigation meeting…
    Result:
    Costs in favour of respondent ($1,750)