• Williams v Burkhart Building Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably disadvantaged by abuse and respondent’s failure to provide applicant with notice or respond to concerns – Builder
    Result:
    Applications granted ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • New Plymouth District Council Staff Association Inc v Chief Executive New Plymouth District Council

    Vicki Campbell [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties disputed whether new Professional Lead (“PL”) and Team Coordinator (“TC”)positions fell under coverage clause in collective employment agreement (“CEA”) – COMPLIANCE ORDER – Applicant sought compliance with…
    Result:
    Application granted ; Question answered in favour of applicant; Question answered in favour of respondent ; Orders made
  • Curry v ISS Holdings NZ Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by final written warning and breach of privacy and unjustifiably dismissed by respondent - PENALTY – GOOD FAITH…
    Result:
    Applications granted (unjustified dismissal)(penalty – good faith) ; Contributory conduct (10%) ; Compensation for humiliation etc ($12,150) ; Penalty ($4,00)(payable to Crown) ; Application partially granted (unjustified dismissal) ; Costs reserved
  • Lines v Southlink Logistics Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought indemnity costs of $2,832 to cover legal aid – Respondent’s conduct not inappropriate enough to…
    Result:
    Costs in favour of applicant ($2,382.65)
  • Sampson v Prebbleton Veterinary Hospital (2009) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies for personal use of company account…
    Result:
    Application granted (counterclaim – recovery of monies) ; Recovery of monies ($308.29) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Pasquetti and Ors v Khmelevs Property Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicants sought compliance with settlement agreement (“SA”)
    Result:
    Application granted ; Orders made ; Disbursements in favour of first applicant ($1.56)(filing fee) ; Costs reserved
  • Singh v NZ Tradings Ltd t/a Masala Browns Bay

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Assistant manager
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of wages ($4,572.50) ; Arrears of holiday pay ($1,018.03) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Applications dismissed (raising personal grievance) ; No order for costs
  • Mathis and Anor v Carter Holt Harvey Pulp & Paper Ltd

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicants sought removal of matter to Employment Court on ground important question of law likely to arise – Whether union can be party to proceeding under…
    Result:
    Application dismissed ; Costs reserved
  • Christoffersen v Tokana and Anor

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Early Childcare Teacher
    Result:
    Applications granted ; Contributory conduct (40%) ; Compensation for humiliation etc ($1,800) ; Costs reserved
  • Paurini v Wellington Institute Of Technology

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Discrimination on grounds of disability - Academic Consultant
    Result:
    Application dismissed ; Costs reserved