• Milne v Palmerston North 24/7 Ltd t/a Snap Fitness NZ

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – Client and staff complaints - Whether applicant’s alleged actions serious misconduct or performance issues…
    Result:
    Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Vos v Smart Studio Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Withdrawn injunction and arrears of wages claim - No investigation meeting - Applicant sought contribution towards costs - Authority found applicant would not have incurred costs if respondent…
    Result:
    Costs in favour of applicant ($300)
  • Gemmell v Quality Roading & Services (WAIROA) Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Whether applicant failed to obey lawful and reasonable instructions – Whether applicant contributed to problems - Site supervisor
    Result:
    Application dismissed ; Costs reserved
  • McDonald v G.L Freeman Holdings Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Whether penalty clause in employment agreement enforceable – Clause allowed respondent to withhold wages or holiday pay if…
    Result:
    Application granted ; Arrears of holiday pay ($1,047.40) ; Interest (5%) ; Costs in favour of applicant ($583.33)
  • E-Lighting v Dickens and Ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Third respondent sought to strike out penalty claim – Whether case against third respondent frivolous or vexatious – Whether arguable case that third respondent…
    Result:
    Application dismissed ; Costs reserved
  • Stojkov v Bela Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - RAISING PERSONAL GRIEVANCE - Whether respondent gave implied consent to grievance being raised out…
    Result:
    Applications granted ; Arrears of wages ($14,655.11) ; Arrears of wages and holiday pay ($1,155.39) ; Arrears of holiday pay ($2,538) ; Reimbursement of lost wages ($11,067.94) ; Compensation for humiliation etc ($7,500) ; Penalty ($4,500)(payable to applicant)($4,500)(payable to Crown) ; Costs reserved
  • Spacey v Vice Chancellor University of Waikato

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought non-publication of identity – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether applicant’s claims constituted personal grievances - Senior Lecturer
    Result:
    Application partially granted (raising personal grievance) ; Application dismissed (practice and procedure) ; Costs reserved
  • Kerse, Wright v Cook Straight Distributors Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicants claimed unjustifiably disadvantaged by respondent’s decision to reduce hours – UNJUSTIFIED DISMISSAL - BARGAINING – Determination of preliminary issue – 90 day trial period – Whether…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal-bargaining) ; Reimbursement of lost wages and compensation for loss of benefit ($2,000) ; Application dismissed (penalty) ; Costs reserved
  • McNicholas v New Zealand Exchange Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Whether applicant entitled to redundancy compensation under employment agreement (“EA”) – Whether clause 18 or 19 applied - Clause 18 stated if employee rejected offer of other position…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Newport v Citi Sprint Couriers (HB) Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – RECOVERY OF MONIES – Applicant sought recovery of car loan payments - Courier driver – No appearance for respondent
    Result:
    Application granted ; Arrears of wages ($2,940) ; Recovery of monies ($737) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs