• Tait v Robin and Sherson t/a Silver Birch Holiday Park & Motel

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Theft – Summary dismissal – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages…
    Result:
    Applications granted ; Orders made ; Arrears of wages ($110) ; Arrears of holiday pay ($401.03) ; Costs reserved
  • Van Der Merwe v Glasshape Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Production Manager
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Meat Workers & Related Trades Union Inc v Silver Fern Farms Beef Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Parties disputed respondent’s ability to make changes to work practice under collective employment agreement (“CEA”) if changes to affect workload and pay –Whether changes already existing practice –…
    Result:
    Question answered in favour of applicant ; Application dismissed (good faith) ; Costs reserved
  • Allan v Bridon New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay full redundancy compensation and disparate treatment of applicant – Whether applicant had “break” in services – Cable sock…
    Result:
    Application dismissed ; Costs reserved
  • Tibbitts v EWP Sales New Zealand Ltd and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful application for compliance order – Successful counterclaims for compliance order and penalty – Two day investigation meeting – Second respondent sought contribution towards costs – Applicant to…
    Result:
    Costs in favour of first respondent ($1,250) ; Costs to lie where they fall for second respondent and applicant
  • McPherson and Anor v Carter Holt Harvey Ltd and Anor

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Authority sought to strike out second applicant as party in accordance with previous determination
    Result:
    Application granted ; Costs reserved
  • Walker v Vulcan Steel Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay bonus – BREACH OF CONTRACT – Applicant claimed respondent breached settlement agreement (“SA”) by failing to pay bonus
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Compensation for loss of benefit ($3,000) ; Interest (5%) ; Application dismissed (breach of contract) ; Costs reserved
  • Manufacturing and Construction Workers Union Inc v Carter Holt Harvey and Ors

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Authority sought to strike out proceedings on own motion for lack of compliance with Employment Relations Act 2000 and Employment Relations Authority Regulations 2000
    Result:
    Application granted ; Costs reserved
  • Jarden v Coleman Commercial Aluminium Installations Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES, HOLIDAY PAY AND CHILD SUPPORT – Applicant sought arrears of wages and holiday pay – Deductions from wages – RECOVERY OF MONIES – Applicant sought to recover…
    Result:
    Applications granted ; Arrears of wages ($673.72) ; Arrears of holiday pay ($1,325.15) ; Arrears of child support ($3,104.69) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Highley v AJ Operations Ltd t/a Cocopelli

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by method of dismissal and failure to provide full-time work, and unjustifiably dismissed by respondent – 90…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(breach of contract) ; Contributory conduct (25%) ; Reimbursement of lost wages ($2,837.60) ; Compensation for humiliation etc ($11,250) ; Interest (5%) ; Damages ($720.63) ; Application dismissed (penalty) ; Costs reserved