• Burrows v Bunnings Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - HEALTH AND SAFETY - Applicant claimed unjustifiably disadvantaged by respondent's actions - Whether applicant moved into unsafe, cold environment exposed to elements - Wind - Cold -…
    Result:
    Applications granted (unjustified disadvantage)(health and safety) ; Compensation for humiliation etc ($5,000) ; Applications dismissed (good faith)(penalty) ; Costs reserved
  • Bachu v Truck Leasing Ltd t/a Auto Select Fleet Partners

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Whether exceptional circumstances - Applicant claimed delay of almost five years due to stress over dismissal,…
  • Harding v M.S.J. Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - No employment agreement - Poor financial position of respondent - PENALTY - Applicant sought penalty for respondent's failure…
    Result:
    Applications granted; Reimbursement of lost wages ($8,480); Compensation for humiliation etc ($4,000); Interest (5%); Penalty ($1,000)($750 payable to Crown)($250 payable to applicant); Costs reserved
  • Young v LJ's Contractors

    M B Loftus [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
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • McIlroy v Clemence Drilling Contractors Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by the respondent - Respondent claimed employment conditional on applicant obtaining restricted drivers licence - Condition not specified in employment agreement…
    Result:
    Application granted; Reimbursement of lost wages (Quantum to be determined); Compensation for humiliation etc ($6,000); Costs reserved
  • W v X

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought non publication order
    Result:
    Application granted; Orders made; No order for costs
  • Evans v Counties Power Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant person intending to work - Respondent claimed applicant's employment conditional on completion of acquisition of applicant's business - Agreement for sale and purchase never completed -…
    Result:
    Application dismissed; Costs reserved
  • Hayes v The Spruce Up Company 2008 Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Sick leave…
    Result:
    Applications granted; Reimbursement of lost wages ($224); Compensation for humiliation etc ($2,500); Arrears of wages ($1,451.52); Arrears of holiday pay ($107.52); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71.56)
  • Weber v Mitre 10 Retail Ltd t/a Mitre 10 Mega Palmerston North

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Serious misconduct - Applicant claimed unjustifiably disadvantaged by final written warning and unjustifiably dismissed by respondent - Customer and staff complaints - Final written waning…
    Result:
    Applications granted; Contributory conduct (33%); Reimbursement of lost wages ($5,541); Compensation for humiliation etc ($3,333.33); Costs reserved
  • The New Zealand Meat Workers and Related Trades Union Inc v South Pacific Meats Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with sections 20, 20A and 21 Employment Relations Act 2000 (ERA") - Whether respondent unlawfully prevented or restricted union access to meat processing plant…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($20,000)(payable to applicant) ; Costs reserved