• Reader v Canterbury District Health Board

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by warning and performance improvement plan - Nurse
    Result:
    Application granted ; Contributory conduct (100%) ; Orders made ; Costs reserved
  • MacKay v Spotless Facility Services (NZ) Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent
    Result:
    Application granted ; Reimbursement of lost wages ($8,001.70) ; Compensation for humiliation etc ($7,500) ; Costs reserved
  • Kidd v Beaumont and Beaumont & Ors

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondents sought contribution towards costs – Respondents failed to provide proof of fees for pre-investigation meeting professional advice…
    Result:
    Costs to lie where they fall
  • Wang v New World Market Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicant permanent or casual employee – UNJUSTIFIED DISADVANTAGE – DISCRIMINATION – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed respondent discriminated against applicant due to…
    Result:
    Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Fairweather & Ors v Hato Paora Trust Board

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – Applicants sought arrears of wages – Sleepovers – Hostel parents
    Result:
    Application granted ; Arrears of wages (quantum to be determined) ; No order for costs
  • Lohr v Accident Compensation Corporation

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Chiropractor
    Result:
    Application dismissed ; Costs reserved
  • Cooper v Wisecare Ltd

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages - No appearance for respondent…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,500) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($21,302) ; Arrears of holiday pay ($1,160.16) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Daley v Gary Rogers t/a Rogers Design Forum

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Dismissal of claim
    Result:
    Application granted ; No order for costs
  • Hemmingson v Matthew Russell Andrew Swan t/a Barkers Groom Room & Anor

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent - Hairdresser
    Result:
    Costs reserved
  • Labour Inspector v Tech 5 Recruitment Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Parties disputed whether clauses in employment agreement (“EA”) constituted premiums under s12A Wages Protection Act 1983 (“WPA”) – Whether bond clauses were premiums – Whether payment deductions for…
    Result:
    Questions answered in favour of respondent ; Costs reserved