• Pickering v Sound Enterprises Ltd t/a Scott Technical Instruments

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought $3,500 contribution towards costs – Authority found appropriate to reduce notional daily tariff due to applicant’s…
    Result:
    Costs in favour of respondent ($1,750)
  • Newman v Taxi Lease Ltd t/a The Plant Place

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    SEXUAL HARASSMENT – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed sexually harassed and unjustifiably dismissed by respondent – Whether applicant touched, fondled and hit inappropriately by respondent’s director (“S”)…
    Result:
    Applications dismissed ; Costs reserved
  • Kluge v Crosbie t/a Operative Brick & Block

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Deduction from wages – Whether…
    Result:
    Applications granted ; Arrears of wages ($340) ; Arrears of holiday pay ($903.60) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Pepene v Butterfish Bay Holdings Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - No appearance for respondent"
    Result:
    Application granted ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Stalker v Graeme's Service Centre Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant told to pack bags and go after applicant presented respondent with list of concerns and proposed…
    Result:
    Application granted ; Contributory conduct (15%) ; Reimbursement of lost wages ($3,939.58) ; Compensation for humiliation etc ($5,950) ; Costs reserved
  • Rimmer v Carter Holt Harvey Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Health and Safety - Isolation testing process changed - Applicant used old process - Could have resulted…
    Result:
    Application dismissed; Costs reserved
  • Begum (Labour Inspector) v Bucklands Beach Ltd (in liquidation) and Ors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Applicant sought penalty for respondents’ failure to comply with requirement to produce wage and time records, holiday and leave records and employment agreements – Applicant sought penalty for…
    Result:
    Application granted ; Penalty ($6,000)(each respondent)(payable to Crown) ; Disbursements in favour of applicant ($787.16)(filing fees) ; No order for costs
  • Lanca Ltd v Readman and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – RESTRAINT OF TRADE – Applicant sought interim injunction restraining respondents from using applicant’s confidential information, dealing with applicant’s customers or carrying out competing business – Management roles –…
    Result:
    Application partially granted ; Orders made ; Costs reserved
  • Walters v ISO Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent raised concerns applicant applying for weekends off to circumvent requirement to take annual leave - …
    Result:
    Application granted; Contributory conduct (33%); Reimbursement for lost wages (quantum to be determined); Compensation for humiliation etc ($3,350); Costs reserved
  • Dasari v Whanau Tahi Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant in employment relationship with respondent - Whether applicant person intending to work - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant…
    Result:
    Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Costs reserved