• Larkin v Ngati Kahu Social and Health Services Inc.

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent’s bullying of applicant and unjustifiably dismissed by respondent – GOOD FAITH – Applicant claimed respondent…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($500) ; Applications dismissed (unjustified disadvantage)(good faith) ; Costs reserved
  • Afos Ltd t/a Kiwi Pallets v Brennan

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Determination of preliminary issue – Respondent sought to strike out applicant’s claims as frivolous or vexatious
    Result:
    Application partially granted ; Costs reserved
  • Tibbitts v EWP Sales Ltd and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breaches of employment agreement (“EA”) by failing to pay bonus and settlement agreement (“SA”) by failing to pay amount owed –…
    Result:
    Applications granted ; Orders made ; Interest (5%) ; Penalty ($250)(payable to Crown)($10,000)(payable to respondent) ; Costs reserved
  • Banks v Hockey Manawatu Inc

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably disadvantaged by respondent’s refusal to allow applicant to do job, unilateral imposition of new terms of employment on…
    Result:
    Applications dismissed ; Costs reserved
  • Jarden v NKD Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by suspension and failure to pay applicant, and unjustifiably dismissed by respondent – Deductions from wages -…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Lupton v Solarcity New Zealand Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    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
  • Hicks v Instant Access NZ Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    [2015] NZERA Auckland 194
    Result:
    Application granted (recovery of monies) ; Recovery of monies in favour of applicant ($100) ; Application dismissed (arrears of wages)
  • Smith v Ultimate Resorts & Properties Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Two day investigation meeting - Respondent sought contribution towards costs - Authority found indemnity costs not appropriate - Found appopriate to apply notional…
    Result:
    Costs in favour of respondent ($7,000)
  • Smith-Hughes v Te Whanau O Hato Petera Trust

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim and partially successful arrears of wages claim - One day investigation meeting - Respondent sought indemnity costs - Authority found no evidence was provided…
    Result:
    No order for costs
  • Higgs v Monro Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Assault - Truck driver
    Result:
    Result: Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($2,000) ; Costs reserved