• Lowe v Graeme Wright Transport Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached employment agreement (“EA”) by failing to pay redundancy compensation - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent –…
    Result:
    Applications granted (unjustified dismissal)(counterclaim – penalty – good faith) ; Compensation for humiliation etc ($15,000) ; Penalty ($1,000)(payable to respondent) ; Application dismissed (breach of contract) ; Costs reserved
  • Anderson v Allied Investments Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – Tripartite employment relationship – ARREARS OF WAGES…
    Result:
    Applications granted ; Contributory conduct (25%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($11,250) ; Arrears of wages (quantum to be determined) ; Costs reserved
  • Abbot v The Pallet Company (BOP) Ltd (Previously known as Bay Pallets (2012) Ltd)

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by undue stress, respondent preventing applicant from returning to work and respondent accessing private information – UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed…
    Result:
    Applications granted ; Contributory conduct (50%)(unjustified disadvantage)(60%)(unjustified dismissal) ; Compensation for humiliation etc ($3,500)(unjustified disadvantage)($2,000)(unjustified dismissal) ; Costs reserved
  • AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCDURE - Respondent sought stay of proceedings – Whether proceedings substantially similar to proceedings already before Employment Court (“EC”) – Collective bargaining
    Result:
    Application granted ; Costs reserved
  • Joshi v Punjabi By Nature Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Chef
    Result:
    Application partially granted ; Arrears of holiday pay (quantum to be determined) ; Costs reserved
  • Ifraz v The Chief Executive Of The Department Of Corrections

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought non-publication of identifying details of employees – INJUNCTION – Applicant sought interim reinstatement – Principal corrections officer
    Result:
    Application granted (counterclaim-practice and procedure) ; Orders made ; Application dismissed (injunction) ; Costs reserved
  • Furlong v Internatinoal Cargo Express 2013 Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – BREACH OF CONTRACT – Applicant sought payment of bonus - RESTRAINT OF TRADE – Applicant sought…
    Result:
    Applications dismissed ; Costs reserved
  • Tait v Robin and Sherson t/a Silver Birch Holiday Park & Motel

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – Less than one day investigation meeting – Applicant sought $3,071 contribution towards costs – Authority found nothing to justify increasing daily tariff –…
    Result:
    Application granted ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Jarden v The Gold And Black Group Ltd t/a Taxis Gold And Black (PN) Ltd

    M B Loftus [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably dismissed by respondent – Whether valid 90 day trial period clause – Dispatch operator
    Result:
    Application granted ; Reimbursement of lost wages ($6,656) ; Compensation for humiliation etc ($2,500) ; Costs reserved
  • Turner v Vice-Chancellor of the University of Otago

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful personal grievance claim – Three day investigation meeting - Applicant sought 50% uplift in daily tariff and $18,375 contribution towards costs – Authority found inappropriate to…
    Result:
    Costs in favour of applicant ($10,000) ; Disbursements in favour of applicant ($71.56)(filing fee)