• Lundh v Alpha Construction Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - No appearance for respondent - Carpenter
    Result:
    Applications granted ; Arrears of holiday pay ($1,149.60) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Gourley v Industrial Site Services Co Ltd

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - GOOD FAITH - HEALTH AND SAFETY - Applicant claimed unjustifiably disadvantaged by respondent's breach of good faith and failure to take all reasonably practicable steps to secure…
    Result:
    Application granted (unjustified disadvantage - good faith) ; Compensation for humiliation etc ($3,000) ; Applications dismissed (unjustified disadvantage - health and safety)(penalty) ; Costs reserved
  • Verschoor v Chief of the Defence Force

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement following 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
  • Elsmore v Material Processing Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual employee - Triangular employment relationship - Contractual requirement for respondent to keep all bays at…
    Result:
    Application dismissed ; Costs reserved
  • Walkinshaw v Sarges Deliveries Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Applicant sought changes to parties' employment agreement - Unsigned employment agreement
    Result:
    Application dismissed; Costs reserved
  • Goldsmith-Jennings v Gonet Communications Ltd

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed applicant resigned to take up study and resumed work as contractor for ten hours per week…
    Result:
    Applications granted; Reimbursement of lost wages ($2,600); Compensation for humiliation etc ($4,000); Compensation for loss of benefit ($845)(course subsidy); Recovery of monies ($2,250); Costs reserved
  • Green v C&T International Ltd t/a Ilam Bakery

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably disadvantaged by respondent's actions following dismissal letter and unjustifiably dismissed by respondent - Transfer of employment - Alleged…
    Result:
    Applications granted; Reimbursement of lost wages ($774.34); Compensation for humiliation etc ($7,500); Costs reserved
  • Melgers v Gower

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Forfeiture clause - Respondent withheld holiday pay due to applicant's failure to give notice and failure to vacate…
    Result:
    Application granted; Arrears of holiday pay ($1,523.05); Interest (5%); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Newall v Forte Alpha Operations Pty Ltd and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful claims - Less than one day investigation meeting - Applicant sought $9,192 indemnity costs - Applicant made Calderbank offer - Authority found appropriate to apply notional daily…
    Result:
    Costs in favour of applicant ($7,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • O'Connor v Dry Dock Co Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Whether applicant failed to follow reasonable instruction - Whether…
    Result:
    Applications granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($500) ; Costs reserved