• O'Sullivan v Southland YMCA Education Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by restructuring process – Applicant claimed unjustifiably dismissed – Tutor
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($2,304) ; Compensation for humiliation etc ($7,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Natalenko v Hogg and Anor

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – DISCRIMINATION - Applicant claimed unjustifiably disadvantaged by respondent’s denial of sick leave and parental leave and failure to proper required notice of termination of tenancy - Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Tuilaepa v The Chief Executive of the Ministry of Social Development

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim restatement – Social worker
    Result:
    Application granted ; Reinstatement ordered ; Costs reserved
  • S v N

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether Authority can cancel settlement agreement (“SA”) – Whether Authority can order respondent to repay monies paid to applicant under SA – Whether SA prevents applicant from bringing…
    Result:
    Application partially granted ; Costs reserved
  • Rothe v Silvester Clark Ltd

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement to discontinue claim at investigation meeting – Parties requested that claim dismissed without question as to costs
    Result:
    Consent order granted ; No order for costs
  • X Ltd v Y

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Respondent to comply with terms of employment agreement – Order prohibiting publication of names of parties
    Result:
    Consent order granted ; Costs reserved
  • Burgess v L & S Bartley Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISSMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by unilateral changes to employment, being placed on special leave, and advertising same job while still employed…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal) ; Reimbursement of lost wages ($5,372.25) ; Compensation for humiliation etc ($10,000) ; Compensation for loss of benefit ($161.17) ; Application dismissed (counterclaim – recovery of moneys) ; Costs reserved
  • X Ltd v Y

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Applicant sought interim injunction restraining respondent from using applicant’s confidential information
    Result:
    Application granted ; Costs reserved
  • Robinson v Care NZ Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought order for non-publication of prisoners associated with applicant’s dismissal
    Result:
    Application granted ; Orders made ; Costs reserved
  • Porter v Complete Siteworks Company Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed – Summary dismissal – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought…
    Result:
    Applications granted (jurisdiction)(unjustified dismissal)(arrears of wages and holiday pay)(recovery of monies) ; Reimbursement of lost wages ($2,880) ; Compensation for humiliation etc ($6,000) ; Compensation for loss of benefit ($230.40) ; Arrears of wages ($288) ; Arrears of holiday pay ($487.32) ; Recovery of monies ($28.34) ; Application dismissed (penalty) ; Costs reserved