• Wilson v Safari Hospitality Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by two weeks’ notice given – Trial period – Chef
    Result:
    Application dismissed ; No order for costs
  • Gillard v Divjot Sandhu Enterprises Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time
    Result:
    Application granted ; Costs reserved
  • Farra v Muslim Association of Canterbury Inc

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Dismissal of claims
    Result:
    Applications dismissed ; No order for costs
  • Tillaart v MBS (2008) Ltd t/a Nelson Beauty Therapy & Ors

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicant able to pursue constructive dismissal claim – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days - UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably…
    Result:
    Applications granted (unjustified disadvantage)(penalty) ; Compensation for humiliation etc ($15,000) ; Penalty ($2,000)(payable to applicant)($4,000)(payable to Crown) ; Applications partially granted (arrears of wages and holiday pay)(raising personal grievance) ; Arrears of holiday pay (quantum to be determined) ; Applications dismissed (practice and procedure)(counterclaim – breach of contract) ; Costs reserved
  • Nelson v Open Country Dairy Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    DISCRIMINATION – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unlawful discrimination on ground of disability – Applicant claimed unjustifiably disadvantaged by denial of flexibility to work…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc. ($1,000) ; Compensation for loss of benefit ($2,000) ; Applications dismissed (discrimination)(unjustified dismissal)(penalty)(breach of contract)
  • Jones v Solway Trust

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Applicant ordered to pay costs in instalments
    Result:
    Orders made
  • Sheppard-Johnson v Zeroes Coffee Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful personal grievance claims - One day investigation meeting - Applicant reasonably rejected Calderbank offer - Appropriate for costs to follow event - Appropriate to apply…
    Result:
    Costs in favour of applicant ($3,500)
  • Patangata and Anor v Kimiora Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicant casual or permanent employee - UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicants claimed unjustifiably dismissed by respondent - ARREARS OF WAGES AND HOLIDAY PAY…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages and holiday pay ) ; Contributory conduct (90%) ; Compensation for humiliation etc ($400)(first applicant)($4,000)(second applicant) ; Arrears of wages ($6,401)(first applicant)($803.60)(second applicant) ; Arrears of holiday pay ($1,421.33)(first applicant)($605.66)(second applicant) ; Applications dismissed (penalty)(counterclaim – recovery of monies) ; Costs to lie where they fall
  • Sami v Optimizer HQ Ltd

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first respondent or third party – No appearance for respondent
    Result:
    Application granted ; Costs reserved
  • Crabtree v Surf N' Turf Caf� and Takeaways Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employee or volunteer – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent
    Result:
    Application granted ; Arrears of wages ($4,082.25) ; Arrears of holiday pay ($333.94) ; Disbursements in favour of applicant ($71.56) ; No order for costs