• Lock v HL Group t/a The Farmhouse Cafe

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Defective request for extended parental leave - Attempt to return to work after parental leave - Sporodic…
    Result:
    Application granted ; Reimbursement of lost wages ($6,825) ; Compensation for humiliation etc ($6,500) ; Costs reserved
  • Wallace v Virdian Glass Ltd Partnership

    M Ryan [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
  • Tobin v Rapid Labels Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Admissibility of evidence - Applicant sought to strike out sections of respondent's statement in reply (SIR") - Whether meetings referred to in disputed sections of SIR…
    Result:
    Application dismissed ; Costs reserved
  • Filbury v Department of Corrections

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether respondent failed to ensure applicant's safety - Whether respondent breached implied duty to maintain and build…
    Result:
    Application dismissed ; Costs reserved
  • Connolly v AE Management Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Alleged unilateral removal of regular shifts – Whether applicant abandoned employment – PRACTICE AND PROCEDURE – Whether applicant’s breach…
    Result:
    Application granted (practice and procedure) ; Application partially dismissed (raising personal grievance) ; No order for costs
  • Topia v Communio Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $8,361 indemnity costs - Respondent made Calderbank offer - Authority found appropriate to give Calderbank offer…
    Result:
    Costs in favour of respondent ($5,500)
  • Gomez v Rappongi Excursions Ltd t/a Dennys Restaurants New Zealand Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Respondent sought security for costs
    Result:
    Application dismissed; No order for costs
  • Davidson v Kelly

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - PENALTY - Applicant sought compliance with parties' settlement agreement - Applicant sought penalty for respondent's failure to comply with parties' settlement agreement - COSTS - Applicant sought…
    Result:
    Application granted; Compliance orders; Penalty ($2,000) ($1,000)(payable to Crown) ($1,000)(payable to applicant); Costs in favour of applicant ($500); Disbursements in favour of applicant ($71.56)(filing fee)
  • Volschenk v My Group Ltd (previously known as Image Web and Media Design Ltd)

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and arrears of holiday pay - Notice period - No appearance for respondent
    Result:
    Application granted; Arrears of wages ($2,922.50); Arrears of holiday pay ($537.74); Interest (5%); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Murphy v The Marketing Team (Recruitment) Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant sought arrears of wages – Whether applicant integrated into respondent’s business because shown on respondent’s website and clients would have…
    Result:
    Application dismissed ; Costs reserved