• Offshore Marine Services (NZ) Ltd v Udovenko

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Respondent sought leave to raise grievance out of time - Respondent claimed unjustifiably disadvantaged by suspension and loss of…
    Result:
    Application partially granted; Costs reserved
  • Morton v Hairshop Ltd t/a Hair Club

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Quantum of remedies - Applicant sought calculation of holiday pay owed - No appearance for respondent
    Result:
    Application granted; Orders made; Quantum specified; Arrears of holiday pay ($1,335.60); No order for costs
  • Raumaewa v Atwal (AKA Singh)

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – No written employment agreement – Whether applicant dismissed following argument regarding absence of water in paddock containing cattle…
    Result:
    Applications granted ; Reimbursement of lost wages ($3,133.36) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($241.41) ; Costs reserved
  • Thompson v Anglican Family Care

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – PENALTY – Applicant sought compliance with parties’ settlement agreement (“SA”) and penalty for respondent’s breach of SA – SA provided for agreed statement that applicant’s dismissal replaced…
    Result:
    Applications dismissed ; Costs reserved
  • Wills v Goodman Fielder New Zealand Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to make applicant redundant – Workplace damaged and partially closed following earthquake – Staff applicant managed made redundant – Applicant…
    Result:
    Applications dismissed; Costs reserved
  • Wharewhiti v Western Plumbing and Roofing Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - One day investigation meeting - Applicant sought $3,000 contribution towards costs - Applicant made $4,500 Calderbank offer and $5,000 Calderbank offer - Respondent…
    Result:
    Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($771.55) ; Application granted ; Orders made ; Quantum specified ; Arrears of wages ($1,577.40)
  • Johnson v The Board of Trustees of Te Kura Kaupapa Maori O Nga Mokopuna

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Alleged serious misconduct - Issues involved applicant's absence during earthquake - Union wrote to Board to attempt to resolve issues - No response…
    Result:
    Application granted; No order for costs
  • McLauchlan v Silver Fern Farms Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Applicant received final written warning for serious misconduct on saw and swearing at manager - Dangerous behaviour and possible health and safety risk…
    Result:
    Application granted; Costs reserved
  • Hellier v Cedar Motor Lodge Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - PENALTY - Applicant sought arrears of wages and arrears of holiday pay - Applicant sought penalty for respondent's breach of the Minimum Wage…
    Result:
    Application partially granted (arrears of holiday pay); Arrears of holiday pay (quantum to be determined); Applications dismissed (arrears of wages)(penalty)(raising personal grievance); Costs reserved
  • Bryan v Ultimate Ltd (in liquidation) and Ors

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant’s initial employer (“TURCL”) in liquidation – Applicant unaware of TURCL’s liquidation or change of employer – Whether applicant became employed by…
    Result:
    Applications granted (arrears of holiday pay)(penalty)(unjustified dismissal) ; Arrears of holiday pay and KiwiSaver contribution ($5,288.23) ; Interest (5%) ; Penalty (third respondent)($15,000)(payable to applicant)($5,000)(payable to Crown) ; Penalty (fourth respondent)($15,000)(payable to applicant)($5,000)(payable to Crown) ; Reimbursement of lost wages ($2,691.84) ; Application partially granted (practice and procedure) ; Costs reserved