• Brown v Adams t/a Untouchable Hair and Skin

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and respondent's failure to investigate allegation applicant bullied by fellow employee (X") - Applicant claimed…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(recovery of monies) ; Reimbursement of lost wages ($10,046.40) ; Interest (5%) ; Compensation for humiliation etc ($10,000) ; Recovery of monies ($551.90) ; Application dismissed (penalty) ; Costs reserved
  • Low v Lund South Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Parties disputed when applicant's entitlement to bonus ceased - When applicant ceased to be manager - Concerns about applicant's behaviour, attitude and statements - Whether applicant required to…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Te Ariki v Omaet Investments Ltd t/a The Commercial Hotel

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Performance concerns - Alleged unauthorised absence - Warning letters…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (70%) ; Reimbursement of lost wages ($2,646.65) ; Compensation for humiliation etc ($2,100) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Desai v Ankur's Nice N Spice Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at 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
  • Sharma v Ankur's Nice N Spice Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at 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
  • Simpson v IBM New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE - Whether appropriate to close investigation meeting to public - Application for non-publication of commercially sensitive evidence - Applicant did not oppose application
    Result:
    Application granted ; No order for costs
  • Murry v Atamai Development Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for adjournment - Applicant sought adjournment on grounds could not afford cost of travel from Hawaii to New Zealand, unable to travel due to family…
    Result:
    Application dismissed ; No order for costs
  • Fatukala v Goodman Fielder New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Complaint by co-worker - Sexual harassment - Whether complainant regularly engaged in horseplay with male staff -…
    Result:
    Application dismissed ; Costs reserved
  • Patel v Adamar Holdings Ltd and Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful arrears of wages and holiday pay, and personal grievance claims - Length of investigation meeting not specified - Applicant sought $37,722 indemnity costs - Authority found respondents…
    Result:
    Costs in favour of applicant ($37,722) ; Disbursements in favour of applicant ($71.56)(filing fee)($143.75)(process server)
  • Hangar v REH Property Management Ltd t/a Ray White Real Estate

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by removal of work vehicle for travel to and from work, requirement to attend meeting and suspension…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(arrears of wages and holiday pay) ; Arrears of wages ($2,937.90) ; Arrears of holiday pay ($427.34) ; Interest (5%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($6,000) ; Application dismissed (penalty) ; Costs reserved