• Dannatt v The Chief Executive of the Department of Corrections

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicant sought leave to raise grievances out of time – Applicant alleged sexual harassment, unfair monitoring, unfair performance development…
    Result:
    Application dismissed ; Costs reserved
  • Kafka v Gower

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES – Applicant sought arrears of wages and holiday pay, and recovery of loan made to respondent and petrol costs –…
    Result:
    Applications granted ; Arrears of wages and recovery of monies ($3,700) ; Arrears of holiday pay ($378.80) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Sekhon v Q Technology Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondent – Applicant offered job as ICT systems analyst – Applicant required to complete one month’s training and obtain work VISA –…
    Result:
    Application dismissed ; No order for costs
  • Roy v Board of Trustees for Tamaki College

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether settlement agreement between parties prevented Authority hearing matter - Accord and satisfaction - Whether applicant entered settlement under duress or undue influence - Alleged intimidation…
  • Fabish v Rotech Holdings Ltd t/a Rotech Automotive

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement during discussion initiated by Authority - Terms of settlement to be orders of Authority - Order prohibiting publication of terms…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Chaney v Surreal Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant sought to purchase t-shirt – T-shirts sold in pairs – Whether applicant advised respondent of purchase…
    Result:
    Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($12,147.40) ; Compensation for humiliation etc ($5,600) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Yeatman v Hosanna Baptist Community Church t/a Shoreline Cleaning Services

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful arrears of wages and holiday pay and personal grievance claims – Less than one day investigation meeting - Applicant sought $3,500 contribution towards costs – Authority found…
    Result:
    Costs in favour of applicant ($1,650) ; Disbursements in favour of applicant ($71.56) (filing fee)
  • Walker v Laing and Ors

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – First respondent director and / or shareholder of various companies – Applicant initially engaged by second respondent – Whether applicant transferred to…
    Result:
    Application partially granted ; Costs to lie where they fall
  • Kirkland v The Vice Chancellor of the University of Otago

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Incapacity - Applicant unjustifiably disadvantaged by respondents failure to investigate complaints and unjustifiably dismissed by respondent
    Result:
    Result: Application partially granted (unjustified disadvantage); Application granted (unjustified dismissal); Contributory conduct (25%); Reimbursement of lost wages ($2,882.25)(unjustified disadvantage) ($2,083.50)(unjustified dismissal); Compensation for humiliation etc ($7,500); Costs reserved
  • Denyer (Labour Inspector) v Peter Reynolds Mechanical Ltd t/a The Italian Job Service

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination - No appearance for respondent
    Result:
    Application granted; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee)