• Nolet v Edgewater Resort Hotel Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Food and beverage attendant
    Result:
    Application dismissed ; Costs reserved
  • Winn v Spotless Facility Services (NZ) Ltd

    Peter van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by redundancy process – Applicant claimed unjustifiably dismissed by respondent - PENALTY- GOOD FAITH – Applicant sought penalty…
    Result:
    Applications dismissed ; Costs reserved
  • Cumming v Double Star Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement before 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
  • A v B Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement before 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
  • Sufia v Lincoln Road Food Warehouse Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought contribution to costs – Appropriate to apply decrease in notional daily tariff to reflect applicant’s financial…
    Result:
    Costs in favour of respondent ($1,750)
  • Insurance Council of New Zealand Inc v Samasoni

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of respondent’s personal expenditure – No appearance for respondent – Communications manager
    Result:
    Application granted ; Recovery of monies ($1,992.24) ; No order for costs
  • Maiden v Timbertank Enterprises Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies
    Result:
    Application granted ; Reimbursement of lost wages ($8,950.14) ; Arrears of holiday pay ($1,350)
  • Fukubara v Blue Stone Room Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought uplift in notional daily tariff to reflect rejected Calderbank offer – Appropriate to award slight uplift…
    Result:
    Cost in favour of applicant ($3,500)
  • Kumar v Spa Ayurda Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed constructively dismissed by respondent – Beauty therapist
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Recommendation made ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Miller v Metropolitan Glass & Glazing Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension, bullying and harassment – Applicant claimed unjustifiably dismissed by respondent – RECOVERY OF MONIES –…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal) ; Contributory conduct (10%) ; Reimbursement of lost wages ($32,187.48) ; Compensation for humiliation ($25,200) ; Reinstatement ordered ; Application dismissed (recovery of monies) ; Costs reserved