• Cornwell v Sherryndale Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Disagreement over how applicant carried out certain procedures - Respondent required applicant to re-train - Applicant claimed…
    Result:
    Application dismissed; Costs reserved
  • Knight v Printek Supplies Ltd t/a Datatek Pacific

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought $3,208 indemnity costs - Respondent made calderbank offer - Authority found offer not reasonable - Indemnity costs…
    Result:
    Costs in favour of applicant ($2,638.75)
  • Rowe v Picton Building Centre Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by consultation process leading to dismissal and unjustifiably dismissed by respondent - Respondent's owner (K") took over some…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Parikshit v James Richardson (NZ) Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Determination of preliminary issue - Whether applicant's employment agreement (EA") contained valid 90 day trial period provision - Whether applicant given reasonable opportunity to seek independent…
    Result:
    Application granted ; Costs reserved
  • Ganley v PB Sea-Tow (NZ) Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant's redundancy compensation calculated correctly - RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - UNJUSTIFIED DISADVANTAGE…
    Result:
    Application granted (raising personal grievance) ; Applications dismissed (arrears of wages)(unjustified disadvantage)(unjustified dismissal) ; Costs reserved
  • Walklin v Albany Group 1 Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant's employment agreement (EA") provided for six months' notice if applicant's position redundant or six months' redundancy compensation -…
    Result:
    Application granted (arrears of wages) ; Arrears of wages ($77,884.61) ; Arrears of KiwiSaver ($1,500.20) ; Application dismissed (penalty - good faith) ; Costs in favour of applicant ($1,200) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Lowe v AHI Roofing Ltd t/a Fletcher Building Roofing Tile Group

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $2,500 contribution towards costs - Authority found appropriate to apply notional daily tariff - Applicant to…
    Result:
    Costs in favour of respondent ($3,500)
  • Carter and Anor v Vugler

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Determination of preliminary issues - Parties sought disclosure of various documents - Respondent sought documentation supporting allegation applicant's engaged in employment with employer other than…
    Result:
    Applications partially granted; Costs reserved
  • Pratap Transport Ltd v Rennie

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Applicant sought damages for respondent's breach of contract - Triangular employment - Abandonment - Director of applicant sought damages for loss of income as result of…
    Result:
    Application granted; Damages ($4,336.20); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Woodward v Carter Holt Harvey Ltd t/a Carters

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - 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