• Hawkins v Farm Gate Deli Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Unilateral reduction in hours - Whether applicant assured minimum 35 hours work per week - Whether applicant…
    Result:
    Application granted; Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($3,500); Costs reserved
  • Crisafulli v Pristine Air Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Direct marketer
    Result:
    Application dismissed ; Costs reserved
  • Laracy v Localist Ltd and Anor

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement during 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
  • Sandbrook V Core Technology Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether applicant's unjustified dismissal grievance raised within 90 days - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent's refusal to acknowledge agreement for applicant to…
    Result:
    Applications dismissed ; Costs reserved
  • Foster v Two Degrees Mobile Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by two warnings and unjustifiably dismissed by respondent - Warnings for removing beer from workplace and …
    Result:
    Application dismissed; Costs reserved
  • Wang v New Zealand Chinese Television Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Incapacity - Applicant claimed unjustifiably dismissed by respondent - Sick leave - ACC - Social media - WeChat - Failure to return company property…
    Result:
    Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for loss of benefit ($231.44)(KiwiSaver) ; Compensation for humiliation etc ($6,400) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved
  • Funson v Gastronomic Ventures Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful arrears of holiday pay claim – Length of investigation meeting not specified - Applicant sought disbursements of $224– Authority found appropriate to award full amount sought –…
    Result:
    Application granted ; Disbursements in favour of applicant ($71.56)(filing fee) ; Disbursements in favour of applicant ($153.33)(hearing fee)
  • Metcalfe v Ian & Judy Gane t/a Barclay Engravers

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement relating to quantification of reimbursement of lost wages - Terms of settlement to be orders of Authority - Order prohibiting…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Bridle v Uprite Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent - Whether applicant abandoned employment – COSTS – Less than one day investigation meeting – Applicant sought contribution towards…
    Result:
    Application granted ; Compensation for humiliation etc. ($12,500) ; Compensation for loss of benefit ($5,000)(salary, car allowance and holiday pay) ; Costs in favour of applicant ($2,000)
  • McCambridge v Viridian Glass Ltd Partnership

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by change to commission structure and withholding of commission by respondent - Applicant claimed unjustifiably dismissed by…
    Result:
    Applications granted (unjustified disadvantage)(counterclaim - recovery of monies) ; Reimbursement of lost wages ($4,133.94) ; Recovery of monies ($1,524.89) ; Application dismissed (unjustified dismissal) ; Costs reserved