• Coulthard v Tony's Tyre Service Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed asked to clean smoko room and removed fridge to empty water and leave to dry…
    Result:
    Application granted; Contributory conduct (25%); Reimbursement of lost wages ($8,292.38); Interest (5%); Compensation for humiliation etc ($5,250); Costs reserved
  • Gunson v Gastronomic Ventures Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Some hours worked paid 'under the table' - Inconsistencies with parties' records -
    Result:
    Applications partially granted; Arrears of holiday pay ($1,023.18); Interest (5%); Costs reserved
  • Hunter v Te Ao Marama Kohanga Reo

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Unsuccessful good faith claims - One and a half days investigation meeting - Applicant sought $11,705 indemnity costs - In the alternative applicant sought…
    Result:
    Costs in favour of applicant ($5,200); Disbursement in favour of applicant ($71.56)(filing fee)
  • Tomlin v Tasker

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by respondent, respondent's deceased father (T") or T's company - No appearance for respondent"
    Result:
    Application dismissed ; Costs to lie where they fall
  • Gladding v Softail Services Ltd t/a The Lodge Glenorchy

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant's set hours removed unilaterally - Whether applicant casual employee - Whether applicant resigned - Whether respondent…
    Result:
    Application granted ; Reimbursement of lost wages ($5,317) ; Compensation for humiliation etc ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Fletcher v Silverado Farms Ltd and Ors

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement before investigation meeting save for one reserved matter – Terms of settlement to be orders of Authority – Order prohibiting…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Rika v Beulah Services Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Personal grievance claim - Respondent sought to dismiss application for want of prosecution - Family business - Applicant also involved in proceedings in family and criminal…
    Result:
    Application dismissed; Costs reserved
  • Paton v Lendich Construction Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Less than one day investigation meeting - Applicant sought contribution towards costs - Authority found appropriate to apply notional daily tariff - Respondent…
    Result:
    Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Blylevens v Kidicorp Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant liked" comments posted by applicant's advocate ("R") on Facebook - Whether R's Facebook comments highly critical…
    Result:
    Application dismissed ; Costs reserved
  • Krutilina v CBR Proofing and Waterproofing Solutions Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Failure to pay annual leave…
    Result:
    Applications granted ; Arrears of wages ($510) ; Arrears of holiday pay ($1,651.68) ; Arrears of wages and holiday pay ($173.40) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs