• Watson v Capital & Coast District Health Board

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Whether applicant disadvantaged by decision to begin disciplinary investigation and investigation itself, respondent’s failure to provide applicant with opportunity…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($9,000) ; Costs reserved
  • Sleeth v Bromley Park Hatcheries Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by change in duties and hours and unjustifiably dismissed by respondent– PENALTY – GOOD FAITH – Applicant…
    Result:
    Applications granted (unjustified disadvantage)(penalty-good faith); Reimbursement of lost wages ($334.87) ; Compensation for humiliation etc ($2,000) ; Penalty ($1,000)(payable to applicant) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Put (Labour Inspector) v Amtec Engineering Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance order requiring respondent to comply with improvement notice – Whether improvement notice issued correctly - PENALTY – Applicant sought penalty for failure to comply…
    Result:
    Applications granted ; Orders made ; Penalty ($5,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Hinton v Zusu Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Dismissal without notice – No appearance for respondent - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought…
    Result:
    Applications granted ; Reimbursement of lost wages ($2,199.31) ; Compensation for humiliation etc. ($4,000) ; Arrears of wages ($4,384) ; Arrears of holiday pay ($964.62) ; Arrears of KiwiSaver ($131.53) ; Costs in favour of applicant ($580) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Hope v Zusu Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Dismissal without notice – No appearance for respondent - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought…
    Result:
    Applications granted ; Reimbursement of lost wages ($16,250) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($6,250) ; Arrears of holiday pay ($2,000) ; Arrears of KiwiSaver ($187.50) ; Costs in favour of applicant ($580) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Zhang and Anor v Golden Moments Restaurant Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful raising personal grievance claim – One day investigation meeting – Respondent sought $10,733 contribution towards costs – Authority found appropriate to apply notional daily tariff – Applicant…
    Result:
    Costs in favour of respondent ($3,500)
  • Moses v Orora Packaging New Zealand Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Misuse of leave procedures - Applicant claimed dismissal unjustified – Dismissal unjustified – Depot Manager
    Result:
    Application granted ; Reimbursement of lost wages ($10,825.51) ; Compensation for humiliation etc ($4,500) ; Costs reserved.
  • Lata v Oceania Care Co Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by disciplinary investigation and suspension and unjustifiably dismissed by respondent – COUNTERCLAIM – BREACH OF CONTRACT –…
    Result:
    Applications dismissed ; Costs reserved
  • New Zealand Meat Workers Union Inc v South Pacific Meats Ltd and Anor

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Removal of matter to Employment Court (EC") on own motion - Whether important question of law likely to arise - Application for document disclosure"
    Result:
    Orders made ; Costs reserved
  • Mayson v Golden Gun (2007) Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful claim - Half day investigation - Applicant sought $2,500 contribution towards costs - Authority found no uplift in daily tariff warranted - Respondent to pay applicant $1,750…
    Result:
    Costs in favour of applicant ($1,750)