• Patel v Jai Saima Ltd

    E Robinson [Employment Relations Authority - Auckland]

    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
  • Israelson v TP Cookson Boat Builders Ltd

    M Ryan [Employment Relations Authority - Auckland]

    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
  • Neville-George v TP Cookson Boat Builders Ltd

    M Ryan [Employment Relations Authority - Auckland]

    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
  • Lagrosa v Maxwell Partnership

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – PENALTY – Applicant sought penalty for respondent’s failure to supply wage, time, holiday and leave records, and breach of employment…
    Result:
    Applications granted ; Arrears of wages ($5,817.70) ; Interest (5%) ; Penalty ($4,000)(payable to applicant) ; Costs in favour of applicant ($6,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Walker v Vulcan Steel Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – DISCRIMINATION – COUNTERCLAIM – PRACTICE AND PROCEDURE – Applicant claimed unjustifiably disadvantaged by final written warning, deduction from wages for time spent attending mediation, and letter referring…
    Result:
    Applications granted (unjustified disadvantage)(discrimination) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($8,000) ; Orders made ; Applications dismissed (penalty – good faith)(counterclaim – practice and procedure) ; Costs reserved
  • Lowe v Ahi Roofing Ltd t/a Fletcher Building Roofing Tile Group

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement (EA) – Applicant’s new role with respondent disestablished before starting – Position in project no longer going…
    Result:
    Application dismissed ; Costs reserved
  • Wu v SkyCity Management Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant failed to report serious breach of respondent’s gambling rules - Respondent decided failure to report could…
    Result:
    Application dismissed ; Costs reserved
  • Pickering v Sound Enterprises Ltd t/a Scott Technical Instruments

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether mixed or ulterior motives – Whether applicant pushed to increase hours of work – Heated discussion –…
    Result:
    Application dismissed ; Costs reserved
  • Guise v Allied Security Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant accused of misconduct - Respondent unilaterally proposed to exclude applicant from worksite and reduce hours to…
    Result:
    Applications granted (unjustified dismissal) (arrears of holiday pay) ; Reimbursement of lost wages ($4,911.76) ; Compensation for humiliation etc. ($4,000) ; Arrears of holiday pay ($594.75) ; Application dismissed (penalty) ; Costs reserved
  • Ambler v Crous t/a Rhodium Trust

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    AUTHORITY FOUND –JURISDICTION: Parties’ intentions did not give clear indicator either way. Parties’ written agreement ambiguous as to nature of relationship.
    Result:
    Application granted ; Costs reserved