• Morunga v Waterford Holdings Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim, and unsuccessful penalty claim and jurisdiction counterclaim – Less than one day investigation meeting – Applicant sought $3,500 contribution towards costs – Authority found…
    Result:
    Costs in favour of applicant ($2,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Dent v Waikato District Health Board

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Admissibility of evidence - Veracity evidence
    Result:
    Application dismissed; Costs reserved
  • Daly v Hot Kits Ltd (previous known as Hot Wellness Ltd)

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed - Whether applicant resigned or dismissed - Respondent claimed applicant on three month trial" contract to work part-time while viability of…
    Result:
    Application granted; Compensation for humiliation etc ($5,000); Arrears of wages ($1,287); Arrears of holiday pay ($408); Disbursements in favour of applicant ($460.70); No order for costs
  • Wilson v Community Living Trust

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought contribution towards costs – Authority found appropriate to reduce notional daily tariff due to applicant’s financial…
    Result:
    Costs in favour of respondent ($2,000)
  • Chien and Anor v Sweethearts at Berryfields Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether applicant raised grievances within 90 days -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicants claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed by…
    Result:
    Applications partially successful; Reimbursement of lost wages ($10,500)(first applicant) ($4,816)(second applicant); Compensation for humiliation etc ($10,000)(first applicant) ($9,500)(second applicant); Arrears of holiday pay ($161.52)(first applicant) ($128)(second applicant); Costs reserved
  • Mail v Sumthong and ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Applicant claimed employed by first respondent - Doctrine of undisclosed principal - Whether first respondent managed shop or leased shop - ARREARS…
    Result:
    Orders made ; Penalty ($8,000)(payable to Crown) ; Application dismissed (practice and procedure) ; Costs reserved
  • Brown and Anor v New Zealand Basang Ltd of Hong Kong, a wholly owned subsidary of Cathay Pacific Airways Ltd of Hong Kong

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Parties sought removal of matter to Employment Court (EC") on grounds important question of law likely to arise and in all circumstances matter should be determined…
    Result:
    Application granted ; No order for costs
  • Kaur v Petrochem Group Partnership t/a Caltex Albany

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent believed applicant lied about reasons for leaving work early - Credibility - Multiple reasons provided for…
    Result:
    Application granted; Contributory conduct ($50%); Reimbursement for lost wages ($4,070); Compensation for humiliation etc ($2,000); Costs reserved
  • Hall v Smith Crane & Construction Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Whether applicant accepted attached employment agreement with 90 day trial period provision when signed letter of job…
    Result:
    Application granted ; Reimbursement of lost wages ($32,093.66) ; Compensation for humiliation etc ($7,000) ; Costs reserved
  • Milligan v Broadway General Carriers Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant assaulted staff member of only customer - Customer revoked applicant's status as approved driver - Whether…
    Result:
    Applications granted (unjustified dismissal)(arrears of holiday pay); Contributory conduct (33%); Compensation for hurt and humiliation ($4,000); Arrears of holiday pay ($5,821.30); Application dismissed (recovery of monies); Costs reserved