• Furze v Harley Interior Plasterers Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant…
    Result:
    Applications granted ; Arrears of wages ($694) ; Arrears of holiday pay ($1,462.88) ; Reimbursement of lost wages ($12,422) ; Compensation for humiliation etc ($10,000) ; Recommendations made ; Costs reserved
  • Emmerson v The Northland District Health Board

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise and matter of such nature and urgency that…
    Result:
    Application dismissed ; Costs reserved
  • Aggreko (NZ) Ltd v McEnery

    Nicola Craig [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority – Interim restraint on respondent using or altering applicant's confidential…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Jones v Steve's Plumbing & Gas Company Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Office manager
    Result:
    Application dismissed ; Costs reserved
  • McKinnon & Anor v Smith

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISMISSAL – Dismissal – Applicants claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought arrears…
    Result:
    Applications granted ; Contributory conduct (25%)(first applicant) ; Reimbursement of lost wages ($6,183.93)(first applicant)($7,286.50)(second applicant) ; Compensation for humiliation etc ($3,750)(first applicant)($5,000)(second applicant) ; Arrears of wages ($657.52)(first applicant)($4,169.38)(second applicant) ; Arrears of holiday pay ($1,682.83)(first applicant)($2,985.48)(second applicant) ; Costs in favour of applicant ($1,750)(first applicant)($1,750)(second applicant)
  • Labour Inspector v Tamehana Horticulture Service Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Respondent
    Result:
    Application granted ; Orders made ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Harper v Broomfield Estate Partnership

    Peter van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably…
    Result:
    Applications granted (raising personal grievance)(unjustified disadvantage)(unjustified dismissal) ; Contributory conduct (30%) ; Reimbursement of lost wages ($21,000) ; Compensation for humiliation etc ($11,200) ; Applications dismissed (penalty)(counterclaim – breach of contract)
  • Keene v Link Technologies Company Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondent – No appearance for respondent - Proof reader
    Result:
    Application dismissed ; No order for costs
  • Hannington v DMI Homestagers Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS – COSTS – Applicant sought contribution towards costs
    Result:
    Applications granted ; Orders made ; Penalty ($1,000)(payable to Applicant) ; Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Toia v Aariz Tyres & Auto Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – Less than half day investigation meeting – Appropriate to apply decrease in notional daily tariff to reflect non-appearance of respondent and no witness…
    Result:
    Costs in favour of applicant ($500)