• Cardno and Anor v NCF International Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicants claimed unjustifiably dismissed by respondent - Respondent had mix of China-based and New Zealand-based directors - Applicants two of three New Zealand directors…
    Result:
    Applications granted; Reimbursement of lost wages ($27,981.89)(first applicant) ($12,500)(second applicant); Compensation for humiliation etc ($10,000)(first applicant ($10,000)(second applicant); Arrears of wages ($8,615.37)(first applicant) ($3,589.74)(second applicant); Arrears of holiday pay ($2,289.23)(first applicant) ($959.18)(first applicant); Recovery of monies ($330.22); Costs reserved
  • Ngatai v Ward Demolition Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by restructure process and unjustifiably dismissed by respondent – Increase in demolition contractors competing for work in Christchurch…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Application dismissed (penalty) ; Costs reserved
  • Phibbs and Anor v Poutiri Community Practices Ltd and Ors

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicants claimed employed by second respondent – Second respondent sole shareholder of first respondent – JURISDICTION – Whether Authority had jurisdiction to…
    Result:
    Applications dismissed ; Costs reserved
  • Wihone v Te Roopu Taurima O Manukau Trust

    T G Tetitaha [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
  • The New Zealand House Inspection Company (Wellington) Ltd v B and B Marsh and Anor

    R A Monaghan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Applicant agreed to withdraw claims for damages against respondents – Respondents agreed not to pursue claim…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Fraser v Whakatane Mill Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed dismissal justified as applicant failed to comply with lawful and reasonable instruction - Applicant refused…
    Result:
    Application dismissed; Costs reserved
  • McLay v Chief Executive of the Department of Corrections

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by first and final written warning - Applicant unfamiliar with Court security process and believed probation officers were considered staff - Alleged…
    Result:
    Application granted; Compensation for humiliation etc ($1,250); Costs reserved
  • Nottle v Te Anau Pharmacy (2008) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Applicant advertised available for locum work - Pharmacist
    Result:
    Application dismissed; Costs to lie where they fall
  • Cardwell v Rob Gold Builders Ltd t/a Gold Construction

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Alternatively applicant claimed respondent consented to raising grievance outside 90 days by engaging in mediation and ongoing discussion -…
    Result:
    Applications granted; Compensation for humiliation etc ($1,000); Arrears of wages and holiday pay ($4,436.88); Costs reserved
  • Capper v Broadlands Finance Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by bullying and excessive workload – Applicant claimed unjustifiably dismissed by respondent – Concerns about applicant’s performance…
    Result:
    Applications dismissed ; Costs reserved