• Mathaere v Printstopplus Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether applicant told position redundant – Entitlement to six months redundancy compensation in applicant’s employment agreement – Whether…
    Result:
    Application dismissed ; Costs reserved
  • Alba v Pegsus Station Ltd t/a Mobil Karori

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant harassed and bullied by manager - Raised voice - Comments on performance - Whether respondent…
    Result:
    Applications dismissed; Costs reserved
  • Pontifex v Buckeridge

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT - Applicant sought damages for respondent's breach of settlement - Applicant owed arrears of wages and holiday pay, and expenses incurred on behalf of respondent - Settlement…
    Result:
    Application granted ; Damages ($3,400) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Tamaleaoa v A1 Onehunga Towing Services Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Resignation following disciplinary procedure – Damage to vehicles being manoeuvred onto applicant’s truck – COUNTERCLAIM – BREACH…
    Result:
    Applications dismissed ; Costs reserved
  • Kiwa and Ors v Phil's Place Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought non-publication order - Whether applicants' former representative likely to reveal confidential information - UNJUSTIFIED DISMISSAL - Redundancy - Applicants claimed unjustifiably dismissed…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($4,872)(first applicant)($4,536)(second applicant)($9,692.40)(third applicant) ; Compensation for humiliation etc ($15,000)(each applicant) ; Costs in favour of applicants ($8,500) ; Application dismissed (counterclaim - practice and procedure)
  • Kiwa and Ors v Phil's Place Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - BREACH OF CONTRACT - Respondent sought damages for applicants' breach of confidentiality clause in parties' employment agreement (EA") - Whether applicants instructed advocate to make comments about respondent…
    Result:
    Application dismissed (counterclaim - breach of contract); Application granted (counterclaim - practice and procedure); Orders made; No order for costs
  • Bethune v Sheffield & Solomon t/a One Red Chilli

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement - Whether respondent failed to provide apology to applicant and failed to use best endeavours to locate applicant's property -…
    Result:
    Compliance ordered; No order for costs; Disbursements in favour of respondent ($71.56)(filing fee)
  • George v Nurse Maude District Nursing Service

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful personal grievance - Three day investigation meeting - Applicant sought $10,500 contribution towards costs - Respondent sought $23,000 indemnity costs - Respondent claimed applicant's success minor…
    Result:
    Costs to lie where they fall; Disbursements in favour of applicant ($71.56)(filing fee) ($613.32)(hearing fees)
  • Myatt (Labour Inspector) v Zefiro Catering Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with improvement notice – Improvement notice required respondent to pay former employee $1,518 arrears of wages – No appearance for respondent
    Result:
    Application granted ; Compliance ordered ; Interest (4%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Wallbutton v Bay Milking Equipment Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    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