• Smith v EZ Step Ltd t/a Pet Stop

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of holiday pay and KiwiSaver – Deduction…
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of holiday pay ($2,769) ; Arrears of KiwiSaver (quantum to be determined) ; Application dismissed (unjustified dismissal) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Wright-St Clair v Corcel Corporation Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by manner in which respondent represented applicant’s departure and respondent’s failure to…
    Result:
    Applications granted (raising personal grievance)(arrears of wages)(counterclaim – injunction) ; Arrears of wages ($441.60) ; Orders made ; Application dismissed (unjustified disadvantage) ; Costs to lie where they fall
  • Perumal v Zhang and Anor

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - Casual - Parties disputed agreed rate of pay - Applicant failed to attend rostered shifts - Respondent deducted wages owed…
    Result:
    Application granted; Arrears of wages ($228); Costs reserved
  • Martin v Healthy Living Trading Co Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Dismissal by e-mail – Whether valid trial period…
    Result:
    Applications granted ; Reimbursement of lost wages ($20,700) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Boreham v Jamieson

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed only paid two thirds of wages owed - Respondent blamed delay in receiving childcare subsidy…
    Result:
    Application granted; Reimbursement for lost wages ($726.75); Compensation ($2,000); Arrears of wages and holiday pay ($1,395.10); Interest (5%); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • HiFX Ltd v Hill and Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – 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
  • Coulthard v Tony's Tyre Service Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim – Two days investigation meeting – Applicant sought $19,316 indemnity costs – Applicant made $13,750 Calderbank offer – Authority found appropriate to consider holiday…
    Result:
    Costs in favour of applicant ($12,000) ; Disbursements in favour of applicant ($71.56)(filing fee)($306.66)(hearing fee)
  • Clough v Contract Plastering Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed - Applicant away from work due to surgery - Applicant told respondent in receivership and no job for applicant - Applicant…
    Result:
    Applications granted; Reimbursement of lost wages ($2,835); Compensation for humiliation etc ($5,000); Arrears of holiday pay ($864); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Hu v South Pacific Phoenix Solar Company Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent failed to pay IRD - Applicant resigned as concerned about employment record and immigration status due…
    Result:
    Application granted; Reimbursement of lost wages ($525); Arrears of wages ($1,050); Arrears of holiday pay ($2,184); Interest (5%); Penalty ($500)(payable to applicant); Costs reserved
  • Hayes v Dennis E Hayes Logging Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    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