• O'Sullivan v Literacy Training Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant employed to deliver foundation skills programmes to prison inmates - Applicant complained about assessment tool -…
    Result:
    Application dismissed ; Costs reserved
  • Novak v Matta t/a Blur Optix

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wags - No appearance for respondent
    Result:
    Application granted; Arrears of wages ($3,555.73); Interest (5%); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee)
  • Wharewhiti v Western Plumbing and Roofing Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Client discovered incomplete paint job, damaged property and threat written in dust on mirror on site where…
    Result:
    Application granted ; Contributory conduct (90%) ; Reimbursement of lost wages and holiday pay (quantum to be determined) ; Compensation for humiliation etc ($400) ; Costs reserved
  • Latham v Malcove Distributors Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed - Applicant claimed dismissed due to affair with co-worker but respondent claimed dismissal due to unauthorised purchases - Respondent claimed…
    Result:
    Application granted (unjustified dismissal); Contributory conduct (100%); Application dismissed (good faith); Costs reserved
  • Bosher v Wellington Combined Taxis Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Applicant’s employment transferred to respondent – Applicant personally…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($12,065) ; Compensation for humiliation etc ($6,000) ; Applications dismissed (good faith)(penalty)(counterclaim – breach of contract - good faith); Costs reserved
  • Waitoa v Daddy O's Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by respondent altering terms of employment and failing to act in good faith while bargaining for written…
    Result:
    Applications granted ; Reimbursement of lost wages ($12,996) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Pakaru v Chief Executive Bay of Plenty Polytechnic

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Dismissal unjustified
    Result:
    Application granted ; Contributory conduct (60%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Independent Electrical Workers' Union Inc v ABB Maintenance Services Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondent's breach of Employment Relations Act 2000 (ERA") - Holiday pay method of calculation - Employees unable to see how wages calculated"
    Result:
    Application dismissed; Costs to lie where they fall
  • 1 v X and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of the Authority - Order prohibiting publication of parties' names
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Perry v The Commissioner of Our Lady of Victories School

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Applicant suspended - Whether Authority could grant interim reinstatement where no substantive claim for permanent relief - Investigation found applicant largely responsible…
    Result:
    Application granted; Costs reserved