• Bay International Ltd v Hutson and Anor

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Parties disputed whether specified clauses of respondents' employment agreements (EAs") continued to apply past expiry of fixed term - Whether respondents' employment of indefinite duration - Respondents also…
    Result:
    Questions answered in favour of applicant ; Costs reserved
  • Arakelian v DVK Group Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Applicant shareholder and director of respondent for 15 years - Applicant ceased directorship but continued to be shareholder - Applicant…
    Result:
    Application dismissed; Costs reserved
  • Kirkwood v Mat Trix Paving Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Vehicle accident - Whether applicant…
    Result:
    Applications granted ; Arrears of wages ($350) ; Arrears of holiday pay ($297.95) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Peters v Bay Packers (NZ) Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Unauthorised absenteeism - Applicant too intoxicated to drive or attend work - Whether applicant aware of responsibilities…
    Result:
    Application granted ; Contributory conduct (100%) ; Reimbursement of lost wages ($8,528) ; Costs reserved
  • Sergant v Western Mailing Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Two days investigation meeting - Applicant sought $19,985 indemnity costs - Respondent sought contribution towards costs - Respondent made $63,875 Calderbank offer -…
    Result:
    Costs in favour of applicant ($5,250) ; Disbursements in favour of applicant ($587.96)
  • McGrannachan v Farmlands Co-Operative Society

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Change of restructure resulted in change of applicant's role - applicant required to make cold calls to…
    Result:
    Application granted; Contributory conduct (20%); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($8,000); Costs reserved
  • Voss v Regent International Education Group Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Applicant sought contribution towards costs - Applicants elf represented - Respondent to pay applicant $7,000 contribution towards costs
    Result:
    Costs in favour of applicant ($7,000); Disbursements in favour of applicant ($306.66)(hearing costs)
  • Martin-Payne v ReserveNewZealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Whether 90 day trial period valid - Respondent relied on trial period clause to dismiss applicant - Applicant misappropriated company documents - No appearance…
    Result:
    Application dismissed; Costs reserved
  • McConnell v Board of Trustees Mt Roskill Grammar School

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Two days investigation meeting - Respondent sought contribution towards costs - Authority found Minute received from Employment Court indicated settlement between parties imminent…
    Result:
    No order for costs
  • Mensah v Ward Demolition Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by respondents failure to provide safe working environment and unjustifiably dismissed by respondent - Applicant claimed bullied…
    Result:
    Application dismissed; Costs reserved