• Denyer, Labour Inspector v Peter Reynolds Mechanical t/a The Italian Job Service

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with previous Authority determination - Respondent previously ordered to pay applicant $1,568 arrears of holiday pay, interest and disbursements - Re-opened investigation - No…
    Result:
    Application granted ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Smith v Davies Waste Solutions Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by having to make own travel arrangements and unjustifiably dismissed by respondent - Applicant claimed more out…
    Result:
    Applications dismissed; Costs reserved
  • Moffatt v P A and S C Steens Ltd t/a Steens Honey

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant gave honey away without authority – Applicant gave away honey in exchange for fire extinguishers…
    Result:
    Applications dismissed ; Costs reserved
  • Thompson v Anglican Family Care

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful compliance order and penalty claim - Less than one day investigation meeting - Respondent sought $3,275 contribution towards costs - Applicant failed in main applications -…
    Result:
    Costs in favour of respondent ($1,750)
  • Garrick v PAE (New Zealand) Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – United States Antarctic Programme – Applicant’s employment transferred to…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(breach of contract) ; Compensation for loss of benefit ($172.50)(professional membership)($500)(study)($482.50)(gym use)($600)(health insurance) ; Compensation for humiliation etc ($16,000) ; Damages ($255) ; Application dismissed (penalty) ; Costs reserved
  • Kirkland v The Vice-Chancellor of the University of Otago

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Applicant sought $26,099 indemnity costs - Applicant unsuccessful in some claims but successful party overall - Contributory…
    Result:
    Costs in favour of applicant ($7,000)
  • Jay v Manuka Community House Inc

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Authority claimed unjustifiably dismissed by respondent - Respondent received complaints applicant left child in solitary confinement - Respondent claimed applicant's interaction with co-worker…
    Result:
    Application granted; Contributory conduct (10%); Reimbursement of lost wages $16,975; Compensation for humiliation etc ($10,800); Costs reserved
  • Kumar v Rotorplast Industries Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant obtained other job – Whether respondent agreed to reduce applicant’s days of work to accommodate second…
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of wages ($3,400) ; Arrears of holiday pay ($566.40) ; Applications dismissed (unjustified dismissal)(recovery of monies) ; No order for costs
  • Heaslip v Hayward Coachlines Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days -UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Multiple complaints received about applicant -…
    Result:
    Applications dismissed; Costs reserved
  • Johnson v NZL Marquis Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether applicant in employment relationship with respondent - Applicant driver of respondent's courtesy coach - Applicant allowed to eat, rest and watch TV while waiting for customers -…
    Result:
    Applications granted (jurisdiction)(arrears of wages and holiday pay)(unjustified dismissal); Arrears of wages ($969); Arrears of holiday pay ($1,709.52); Reimbursement of lost wages ($1,296); Compensation for humiliation etc ($1,000); Costs reserved