• Lynch v The Farmers Trading Company Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Staff discount card issued to applicant and applicant’s nominated family member - Applicant took and used hosiery…
    Result:
    Application dismissed ; Costs reserved
  • Jukes v Sealord Group Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful arrears of holiday pay claim - One day investigation meeting - Respondent sought $10,500 contribution towards costs - Respondent claimed costs should be awarded for two days…
    Result:
    Costs in favour of respondent ($5,000)
  • Thompson v Lichfield International ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - Applicant claimed previous Authority calculation and determination based on incorrect pay period - ARREARS OF WAGES AND HOLIDAY PAY: Applicant…
    Result:
    Applications granted; Arrears of wages ($211.51); Arrears of holiday pay ($16.92); Interest (5%); No order for costs
  • Tawaka v Sunrise Cleaning Services (Nelson) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGED - UNJUSTIFIED DISMISSAL - Serious misconduct - Poor performance - Applicant claimed unjustifiably disadvantaged by warning and unjustifiably dismissed by respondent - Applicant failed to perform duties…
    Result:
    Applications partially granted; (Contributory conduct (100%); Arrears of wages (quantum to be determined); Costs reserved
  • Kerr v Sharna Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant offered fulltime hours – Whether applicant would have accepted position with less than fulltime hours…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($4,480) ; Compensation for humiliation etc ($5,000) ; Application dismissed (penalty) ; Costs reserved
  • MacMillan v Seating To Go Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful personal grievance - One day investigation meeting - Respondent sought $7,000 contribution towards costs - Applicant sought $3,500 contribution towards costs - Respondent made $7,000 Calderbank…
    Result:
    Costs in favour of respondent ($3,500)
  • Lane v The Ministry of Business, Innovation and Employment

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PARENTAL LEAVE - Application dismissed
    Result:
    Application dismissed; Costs to lie where they fall
  • Hawthorne v Radioworks Ltd (in Receivership)

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Applicant made redundant – COUNTERCLAIM – PRACTICE AND PROCEDURE…
    Result:
    Application granted (counterclaim – practice and procedure) ; Application dismissed (raising personal grievance) ; Costs reserved
  • Wang v Vent Group Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Applicant employee, director and shareholder of respondent - Whether all terms of new employment agreement (EA") finalised at time applicant suspended without pay…
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Steel Mining Ltd v New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Questions answered in favour of respondent
    Result:
    Questions answered in favour of respondent; Costs reserved