• Palmco Garden Ltd v Welch

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PENALTY– Applicant sought penalty for breach of Record of Settlement (“ROS”)
    Result:
    Leave reserved to refile claim
  • BD14 Ltd v Munday

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”)
    Result:
    Application granted ; Orders made ; Costs reserved
  • Mihajlovic and Anor v Paramount Services Ltd and Anor

    Tania Tetitaha [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant’s employment transferred from first respondent to second respondent – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicants claimed unjustifiably…
    Result:
    Application granted ; Reimbursement of lost wages ($5,000.32)(first applicant)(three months)(second applicant) ; Compensation for humiliation etc ($5,000)(first applicant)($5,000)(second applicant) ; Applications dismissed (unjustified disadvantage)(penalty) ; Costs reserved
  • Porter v Complete Siteworks Company Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim – Less than one day investigation meeting – Applicant sought uplift in notional daily tariff to reflect unreasonable rejection of Calderbank offer and costs…
    Result:
    Application granted ; Costs in favour of applicant ($2,900) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Brady v Jones

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant abused and harassed – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay –…
    Result:
    Applications granted (unjustified dismissal)(arrears of holiday pay) ; Contributory conduct (15%) ; Arrears of holiday pay ($134.64) ; Compensation for humiliation etc ($2,125) ; Interest (5%) ; Application dismissed (penalty) ; Costs reserved
  • Natalenko v Hogg and Anor

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Respondent sought $7,000 contribution towards costs – Authority found appropriate to apply notional daily tariff –…
    Result:
    Costs in favour of respondent ($2,300)
  • A v R

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably disadvantaged by suspension – Whether applicant suspended or on special leave – Applicant claimed unjustifiably dismissed by respondent –…
    Result:
    Application granted (unjustified dismissal) ; Orders made ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Application dismissed (unjustified disadvantage)(counterclaim-estoppel) ; Costs reserved
  • Ratu v AFFCO New Zealand Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Meat process worker
    Result:
    Application granted ; Reinstatement ordered ; Costs reserved
  • Takai v AFFCO New Zealand Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Meat process worker
    Result:
    Application granted ; Reinstatement ordered ; Costs reserved
  • Donaldson v Glynn Brick t/a Bellfield Thoroughbreds

    Nicola Craig [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by failure to provide written employment agreement – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF…
    Result:
    Applications granted (unjustified disadvantage)(arrears of wages and holiday pay) ; Arrears of KiwiSaver contributions ($649.02) ; Arrears of holiday pay ($1610.72) ; Application dismissed (unjustified dismissal) ; Costs reserved