• Patel v Adamar Holdings Ltd and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Whether applicant employed by first or second respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and arrears of holiday pay…
    Result:
    Applications granted; Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($500)(unjustified disadvantage) ($10,000)(unjustified dismissal); Arrears of wages and holiday pay (quantum to be determined); Interest (5%) ; Costs reserved
  • Hodgson v Downey's City Butchery Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Respondent requested applicant work different hours and on weekends to deal with busy periods - Applicant opposed change…
    Result:
    Application granted; Compensation for humiliation etc ($3,000); Costs reserved
  • Cardwell v Rob Gold Builders Ltd t/a Gold Construction

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Determination of preliminary issue - Applicant sought extension of limitation period to bring arrears of wages claim - Applicant claimed Authority should apply accrual plus knowledge…
    Result:
    Application dismissed; No order for costs
  • Cardwell v Rob Gould Builders Ltd t/aGold Construction

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Determination of preliminary issue - Whether arrears of holiday pay claim brought within statutory limitation period - Six year limitation
    Result:
    Application granted; No order for costs
  • Saua v EQE Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Allegation applicant did not follow correct procedure when obtaining stock from factory and actions amounted to theft…
    Result:
    Application granted; Contributory conduct (50%); Reimbursement of lost wages ($7,377.73); Compensation for humiliation etc ($2,500); Costs reserved
  • Crumlish v Streedagh Ltd t/a The Green Man Pub

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – PARENTAL LEAVE – Applicant claimed unjustifiably disadvantaged by disingenuous process to disestablish applicant’s position and unjustifiably dismissed by respondent – Applicant…
    Result:
    Applications dismissed ; Costs reserved
  • Wightman v Silver Fern Farms Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether applicant’s unjustified disadvantage grievances raised within 90 days – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($500) ; Application partially granted (raising personal grievance) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Patel v OCS Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed applicant failed to report workplace accident and failed to check operating theatre clean before signing…
    Result:
    Applications dismissed; Costs reserved
  • A v B

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought extension of non-publication order - Applicant requested time to notify family of proceedings and challenge previous determination in Employment Court (EC")"
    Result:
    Application granted; No order for costs
  • Barron v Stephen and Sarah Jones Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and arrears of holiday pay - Whether applicant required to work hours claimed - No written employment agreement…
    Result:
    Application dismissed; Costs to lie where they fall