• Dolling v Te Rapa Wholesale Cars 2009 Ltd

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant demoted following altercation with fellow employee - Swearing - ARREARS OF WAGES AND HOLIDAY PAY…
    Result:
    Application dismissal (unjustified dismissal) ; Costs reserved
  • Gold v Modern Electrical Solutions Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether respondent entitled to deduct money from holiday pay owed to applicant representing product…
    Result:
    Application granted ; Arrears of wages ($3,000) ; Arrears of holiday pay ($11,040) ; No order for costs
  • Robinson v Emmerson Transport Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant deliberately falsified time and transport records - Discrepancies between log book and GPS recordings -…
    Result:
    Application dismissed ; Costs reserved
  • D'Arcy-Smith v Natural Habitats Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Whether applicant employed on fixed term basis - Invoices supplied to applicant and headed 'invoice for services'
    Result:
    Application dismissed; Costs reserved
  • Asby v Waiariki Institute of Technology

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by restructuring process and respondent's failure to reintegrate applicant into workplace in accordance with return to work policy…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($20,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Higgs v LITC Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - SA provided respondent to pay applicant $1,000 compensation, outstanding wages and holiday pay and $1,000 contribution towards costs…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($1,000)(payable to applicant) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Brown v Adams t/a Untouchable Hair and Skin

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - Two days investigation meeting - Applicant sought $12,400 contribution towards costs - Authority found no features in matter, including complexity of matter, nature…
    Result:
    Costs in favour of applicant ($7,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Barnes and Ors v Coles Group New Zealand Holdings Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Applicants sought removal of matter to Employment Court (EC") on grounds important questions of law likely to arise and in all circumstances matter should be determined…
    Result:
    Application dismissed ; Costs reserved
  • Dunsmuir v Butlin and Butlin t/a Butlin Farm Partnership

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant let penicillin contaminate milk vat - Whether applicant failed to pay power bill for farm…
    Result:
    Application dismissed ; Costs reserved
  • Scarborough v Mircon Security Products Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Applicant notified of redundancy and dismissed same week - GOOD FAITH - Applicant claimed respondent breached obligations of…
    Result:
    Application granted; Compensation for humiliation etc ($750); Disbursements in favour of applicant ($71.56); No order for costs