• A v B Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Failure to disclose previous convictions when applying for another role within respondent - Whether nature of convictions…
    Result:
    Application granted ; Contributory conduct (25%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($6,750) ; Costs reserved
  • Hixon (Labour Inspector) v Tupou and Anor

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay on behalf of respondents' former employees - Short term casual employment - Vineyard - No…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($790.40) ; Penalty ($1,500)(payable to Crown) ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Momi v Indique NZ Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - Unpaid instalments under SA - $3,500 still owed to applicant - Whether Authority should order payment by instalments…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($500)(payable to applicant) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Balmaceda v Amphibians Swimming Academy Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent's failure to pay wages - Applicant raised failure with respondent on multiple occasions - 90 day trial period - No appearance…
    Result:
    Application granted; Reimbursement of lost wages ($3,745.10); Interest (5%); Compensation for humiliation etc ($5,000); Disbursements in favour of applicant ($71.50)(filing fee) ($39)(medical certificate); No order for costs
  • Simpson v DDS (2006) Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Complaint applicant made lurid comments" and "wolf-whistled" at member…
    Result:
    Applications granted; (unjustified disadvantage - unjustified dismissal); Reimbursement of lost wages ($1,650); Compensation for humiliation etc ($5,000); Application dismissed (penalty); Costs reserved
  • Woodward v Totally Boating 2004 Ltd

    D Appleton [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application to re-open investigation - Authority previously found applicant unjustifiably dismissed - Applicant dissatisfied with remedies awarded
    Result:
    Application dismissed ; Costs reserved
  • Edmonds v Bossanova Enterprises Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant shouted at during disciplinary meeting – Verbal warning for poor performance – Whether applicant informed…
    Result:
    Application dismissed ; Costs reserved
  • French v SGS New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent's failure to agree terms of commission payments - Applicant's initial employment agreement (EA") provided for commission payments in first year with…
    Result:
    Application granted ; Compensation for loss of benefit ($24,000)(commission payment) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Martin-Payne v ReserveNewZealand Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to re-open investigation - File closed previously after applicant failed to file witness statement or make contact with Authority
    Result:
    Application granted ; No order for costs
  • Schultz v M.R. and R.P. and E.F. Vigis t/a Express Supplies

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Less than one day investigation meeting - Respondent sought $3,400 contribution towards costs - Respondent made $5,240 Calderbank offer - Authority found although…
    Result:
    Costs in favour of respondent ($1,750)