• Tristcott v Callplus Services ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiably dismissed by respondent - Respondent concerned with applicant's performance - Failure to meet targets - Applicant asked by respondent to consider alternative…
    Result:
    Application granted; Contributory conduct (100%); Costs reserved
  • Hansen v KC Contractors (HB) Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Applicant received text from respondent ending employment - Applicant telephoned respondent to discuss improving skills and speed of…
    Result:
    Application granted ; Reimbursement of lost wages ($9,282) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,695)
  • Tulloch v Resource Development Consultants Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – GOOD FAITH – Redundancy – Applicant claimed unjustifiably disadvantaged by respondents actions and unjustifiably dismissed by respondent – Applicant claimed respondent breached good…
    Result:
    Application granted (unjustified disadvantage)(unjustified dismissal)(good faith) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,000) ; Application dismissed (penalty) ; Costs reserved
  • Black v Tristam Whimp as Trustee for the Dome Trust t/a My Flatpack

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed unjustifiably disadvantaged by respondent failing to set out changes or train applicant in new role and unjustifiably dismissed by respondent…
    Result:
    Applications granted ; Contributory conduct (70%) ; Reimbursement of lost wages ($11,960) ; Compensation for humiliation etc ($1,800) ; Costs reserved
  • French v SGS New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - If grievances not raised applicant sought to raise grievances out of time - Grievances related to variation of employment…
    Result:
    Application partially granted; Costs reserved
  • Vaai v Moana Pacific Fisheries Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought $3,500 contribution towards costs - Authority found applicant legally aided with no ability to contribute to respondent's…
    Result:
    Costs to lie where they fall
  • Hayter v Westbury Thoroughbreds Ltd t/a Westbury Stud

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought $5,500 contribution towards costs - Authority found appropriate for applicant to contribute to respondent's costs…
    Result:
    Costs in favour of respondent ($1,500)
  • Rajkarnikar v Emacs Group Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought $2,875 indemnity costs - Notional daily tariff appropriate - Respondent to pay applicant $2,500 contribution…
    Result:
    Costs in favour of applicant ($2,500); Disbursements in favour of applicant ($71.56)
  • Wyber v Midas Infomedia Ltd and Anor

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Whether applicant became employee after three month review – Respondent not registered for PAYE until employees transferred to respondent from different…
    Result:
    Application dismissed ; Costs reserved
  • Wale v Allied Investments Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful claims - Less than one day investigation meeting - Applicant sought unspecified contribution towards costs - Authority found applicant successful with primary claim and appropriate to…
    Result:
    Costs in favour of applicant ($500)