• Lorigan v Infinity Automotive Ltd and Ors

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance for unjustified disadvantage raised within 90 days – JURISDICTION – Whether applicant in employment relationship with second respondent - COUNTERCLAIM – PRACTICE AND PROCEDURE…
    Result:
    Applications dismissed ; Costs reserved
  • Wiremu v Levin Bobcats Ltd t/a Core Infrastructure

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – 90 day trial – Drug testing – PENALTY – GOOD FAITH – Applicant sought penalty for breach…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (75%) ; Reimbursement of lost wages ($1,285) ; Compensation for humiliation etc ($625) ; Applications dismissed (penalty-good faith)(counter claim-penalty – good faith) ; Costs reserved
  • Parkin v Horizons Unlimited Ltd

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Whether applicant entitled to time of in lieu (“TOIL”) for hours worked outside normal office hours – Business…
    Result:
    Application partially successful ; Arrears of holiday pay (quantum to be determined) ; No order for costs
  • Baldwin (Labour Inspector) v Goldengrove Stud Farm Ltd and Anor

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or volunteer - Applicant assisted with stud farm duties full time and usually paid $300 per week - Respondent provided applicant with accommodation and…
    Result:
    Applications granted ; Costs reserved
  • Van Der Merwe v Glasshape Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One and a half day investigation meeting - Respondent sought $9,450 indemnity costs – No reason to award indemnity costs – Authority found…
    Result:
    Costs in favour of respondent ($6,500)
  • Lamont v E Z Step Ltd t/a Pet Stop

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – UNJUSTIFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for obstruction…
    Result:
    Applications granted (arrears of wages)(unjustified dismissal) ; Arrears of wages ($855) ; Reimbursement of lost wages ($9,600) ; Compensation for humiliation etc ($5,000) ; Application dismissed (penalty) ; Costs reserved
  • Ahmed v Connect Supporting Recovery Inc

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by respondent’s failure to address claims that applicant bullied by colleagues - Applicant claimed unjustifiably dismissed by respondent…
    Result:
    Application dismissed; No order as to costs
  • A v B

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Three day investigation meeting – Respondent sought uplift in daily tariff to cover preparation of submissions – Applicant sought reduction in notional daily…
    Result:
    Costs in favour of respondent ($2,500)
  • Naftel v IBM New Zealand Ltd

    M B Loftus [Employment Relations Authority - Wellington]

    Summary:
    PENALTY - Applicant sought penalty for respondent’s late payment of settlement agreement fee
    Result:
    Application dismissed ; Costs to lie where they fall
  • Faulls v Gather Supermarket Chain Ltd t/a Italia Square

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought contribution towards costs – Authority found appropriate to apply notional daily tariff – Respondent to pay…
    Result:
    Costs in favour of applicant ($3,500)