• Taufua v Fonterra Brands (New Zealand) Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Performance of “Harlem Shake” during work break – Video uploaded to YouTube – Applicant pulled pallet jack…
    Result:
    Application granted ; Reinstatement ordered ; Contributory conduct (100%) ; Costs reserved
  • Flynn v Fonterra Brands (New Zealand) Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Dismissal unjustified
    Result:
    Application granted ; Reinstatement ordered ; Contributory conduct (100%) ; Costs reserved
  • Black v Whimp as Trustee for The Dome Trust t/a My Flatpack

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $3,474 indemnity costs – Authority found no circumstances warranting departure from principle of not awarding costs…
    Result:
    Costs in favour of applicant ($3,474.70) ; Disbursements in favour of applicant ($485.30)
  • Stevens v Hapag-Lloyd (NZ) Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Two days investigation meeting - Respondent sought $20,000 contribution towards costs - Respondent made calderbank offer - Costs incurred greater than necessary due to…
    Result:
    Costs in favour of respondent ($2,000)
  • Taafuli v Mega Wreckers Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Alleged dishonesty and theft – Applicant dismissed after seeking payment of wages – Dismissal retracted following day…
    Result:
    Applications granted ; Reimbursement of lost wages ($1,661.25) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($603.40) ; Arrears of holiday pay ($142.80) ; Penalty ($750)(payable to Crown) ; Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Chan v S & K Liquor Ltd t/a Miramar Liquorland

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Customer complaint received about applicant - Applicant failed to follow instruction about in store music - Respondent…
    Result:
    Application dismissed; Costs reserved
  • Stocker v Car Giant Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Other employees dismissed with payment in lieu of notice but applicant dismissed with immediate effect - Respondent claimed…
    Result:
    Application granted; Reimbursement of lost wages ($19,878.72); Compensation for humiliation etc ($8,000); Costs and disbursements in favour of applicant ($303.52)
  • Solomon v The Hokotehi Moriori Trust and Ors

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Partially successful claims - Two day investigation meeting - Applicant sought $30,000 contribution towards costs - Authority found applicant largely successful but underlying political and cultural factors cited…
    Result:
    Costs in favour of applicant ($7,000)
  • Myatt (Labour Inspector) v Lane 1 Imports Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with improvement notice – Failure to pay holiday pay correctly and keep holiday and leave records – Deductions from wages – Failure to provide…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($2,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Nash v Wellington Regional Chamber of Commerce and Anor

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application to extend timeframe for commencing action in Authority – Applicant claimed unjustifiably disadvantaged and unjustifiably dismissed by respondents – Whether applicant told by employment adviser…
    Result:
    Application dismissed ; Costs reserved