• G v H

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Applicant sought penalties for respondent’s breach of good faith and breach of employment agreement – Whether respondent sent letter to former colleague (“Z”) for Z’s use in Employment…
    Result:
    Application dismissed ; Costs reserved
  • Phillips v Jasons Travel Media Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant worked from home – Respondent sought to cut costs – Respondent considered relocating applicant’s role to different…
    Result:
    Application dismissed ; Costs reserved
  • Burrows v The Sign Centre Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties settlement agreement - Initial payment made but no subsequent payments
    Result:
    Application granted; Compliance ordered; No order for costs
  • Pigou v Jada and Donyae Investments Ltd t/a JD Investments Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant registered company and put respondent customer order through new company - Dismissal following altercation about order -…
    Result:
    Applications granted; Contributory conduct (75%); Reimbursement of lost wages (quantum to be determined); Arrears of wages and holiday pay (quantum to be determined); Interest (5%); Compensation for humiliation etc ($750); Penalty ($1,500)(payable to Crown); Costs reserved
  • Tuioti v Air New Zealand Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by issuing of final written warning – Respondent consulted with employees about ways to cut costs – Applicant's colleague made redundant – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Warren Skerrett Investments Ltd v Camelot New Zealand Ltd Partnership and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RESTRAINT OF TRADE – BREACH OF CONTRACT – Applicants sought damages for respondent’s breach of restraint of trade provision (“ROT”) in employment agreement (“EA”) and breach of duties of fidelity…
    Result:
    Application dismissed ; Costs reserved
  • Smith v Waste Disposal Services

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Respondent alleged applicant scavenged items left at site, allowed…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (one third) ; Compensation for humiliation etc ($5,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Labour Inspector (Ministry of Business, Innovation and Employment) v Civic City Ltd t/a Civic Convenience and Ors

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Eight day investigation meeting - Applicant sought $27,520 contribution towards costs - Authority found amount should be reduced to account for preparation time and…
    Result:
    Costs in favour of applicant ($18,500) ; Disbursements in favour of applicant ($1,328)
  • Franklin v C W Ludwig Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent asked applicant to remove dogs as alleged dangerous - Applicant left with dogs - Whether applicant dismissed…
    Result:
    Applications dismissed; Costs reserved
  • Sudhakar v Board of Trustees, Sir Edmund Hillary Collegiate

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Dismissal justified
    Result:
    Application dismissed ; Costs reserved