• Winklmaier v Breads of Europe Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed – Summary dismissal – PENALTY – GOOD FAITH – Applicant sought penalty for breach of good faith, failure to provide…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($3,951.41) ; Compensation for humiliation etc ($7,500) ; Disbursements in favour of applicant ($71.56) ; Application dismissed (penalty) ; Costs reserved
  • Titoki Securities Trust v Wallace

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to re-open investigation – Whether daily tariff should have been increased
    Result:
    Application dismissed ; No order for costs
  • Nathan v Transfield Services (New Zealand) Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties disputed whether respondent’s offer of settlement adequately resolved employment relationship problem – Linesman
    Result:
    Question answered in favour of respondent ; Orders made ; No order for costs
  • Genta v Diggs

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance and penalty claims – Half day investigation meeting – Applicant sought $4,500 contribution towards costs to acknowledge respondent’s bad conduct of case and lack of…
    Result:
    Costs in favour of applicant ($3,500)
  • Hamilton v Advance international Cleaning Systems (NZ) Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement through correspondence – Terms of settlement to be orders of Authority – Respondent to pay applicant $3,571 contribution towards costs.
    Result:
    Consent order granted ; Orders made ; Costs in favour of applicant ($3,571.56)
  • Brownlie v Tony & Janet Rusbatch t/a Golden Bay Flowers and Garden

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed – Florist
    Result:
    Application granted ; Reimbursement of lost wages ($9,138.37) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Finau v The Tongan Health Society Inc

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant fixed term employee – Acting CEO
    Result:
    Application dismissed ; Costs reserved
  • Lee v Y & B Investment Ltd & Anor

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by second respondent…
    Result:
    Applications granted ; Reimbursement of lost wages ($8,000) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($1,000) ; Arrears of holiday pay ($480) ; Penalty ($1,000)(payable to Crown) ; Costs reserved
  • Richardson v Bruce Anthony Stewart t/a Loughans

    M B Loftus [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – DISCRIMINATION - UNJUSTIFIED DISMISSAL –Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s requirement to be complicit in dismissal of colleague, refusal to sign applicant’s application for PPL…
    Result:
    Application partially granted (unjustified disadvantage) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (unjustified dismissal)(discrimination) ; Costs reserved
  • Marshall v Creative Video Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at 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