• Burgess v Concrete4U Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Incapacity - Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – Loss of driver’s licence - Whether term of agreement that applicant able to drive motor…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement of lost wages ($1,000) ; Compensation for humiliation etc ($3,000) ; Application dismissed (penalty) ; Disbursements in favour of applicant ($71.56) ; Costs reserved
  • Lim v Meadows Mushrooms Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Theft – Harvester
    Result:
    Application granted ; Reimbursement of lost wages ($4,839.82) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Te Reo Irirangi O Nga Raukawa Trust Board t/a Raukawa FM v Hauiti

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Authority considered removal of matter to Employment Court (“EC”) on own motion on ground important question of law likely to arise and whether in all circumstances…
    Result:
    Orders made ; No order for costs
  • Hokai v Sharemilk Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Deductions from wages – BREACH OF CONTRACT – Applicant sought damages for respondent’s failure to pay performance bonuses…
    Result:
    Applications granted (arrears of holiday pay)(counterclaim-recovery of monies) ; Arrears of wages ($8,188.81) ; Recovery of monies ($5,768.11) ; Application partially granted (breach of contract) ; Application dismissed (penalty-good faith) ; Costs reserved
  • Erasmus v Agrodome Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – 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
  • O'Sullivan v Southland YMCA Education Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Applicant sought order for interim reinstatement – Whether arguable case that applicant’s redundancy genuine - Literacy Specialist and Internal Moderator
    Result:
    Application dismissed ; Costs reserved
  • Lolohea v The Tongan Health Society Inc

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Nurse
    Result:
    Application dismissed ; Costs reserved
  • Burns v Randwich Meats Company Ltd

    M B Loftus [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or similar issues
    Result:
    Application granted ; No order for costs
  • First Union Inc v Jacks Hardware and Timber Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court (“EC”) on ground important questions of law likely to arise
    Result:
    Application granted ; Costs reserved
  • Shoshany v 4RF Communications Ltd and Ors

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant misused company credit card - Whether applicant…
    Result:
    Applications granted (practice and procedure)(unjustified dismissal) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (breach of contract)(penalty) ; Costs reserved