• Mao v NZ Visionary Vanguard Ltd t/a Shynday Kitchen and Bathroom

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – No written employment agreement (“EA”) or job description - Labour Inspector visited respondent following complaint and applicant observed…
    Result:
    Application granted ; Reimbursement of lost wages ($14,591.70) ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($875) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Sun v NZ Visionary Vanguard Ltd t/a Shynday Kitchen & Bathroom

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – No written employment agreement (“EA”) or job description - Labour Inspector visited respondent - Factory Manager allegedly looked…
    Result:
    Application granted ; Reimbursement of lost wages ($2,580.39) ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($875) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Esau v K and J Patel Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - PENALTY - Applicant sought compliance with parties' settlement agreement - Applicant sought penalty for respondent's failure to comply with settlement agreement - Applicant paid holiday pay but…
    Result:
    Applications granted; Compliance ordered; Penalty ($2,500)(payable to applicant); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee) ($80)(travel)
  • McQuade v Crusader Meats New Zealand Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Employment agreement treated portion of applicant’s wages as non-taxable to compensate for travel to and from work – Inland Revenue…
    Result:
    Applications dismissed ; Costs reserved
  • Bell and Ors v Hygiene Foundation Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought arrears of wages and holiday pay - Multiple applicants - No appearance for respondent - Regional and corporate sales managers
    Result:
    Applications granted; Arrears of wages (quantum varied); Interest payable (5%); Costs reserved; Disbursements in favour of applicants ($71.56)(filing fee)
  • Tate v The Marianne Caughey Smith-Preston Memorial Rest Homes Trust Board

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Applicant claimed engaged as contractor but relationship turned to employment - Medical officer
    Result:
    Application dismissed; Costs reserved
  • Vaai v Moana Pacific Fisheries Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Fish fillets discovered in applicant’s locker - Union official proposed applicant be allowed to resign employment rather…
    Result:
    Application dismissed ; Costs reserved
  • Robinson v Pacific Seals (NZ) Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Incapacity - dismissal unjustified - PENALTY - No penalty - BREACH OF CONTRACT - HEALTH AND SAFETY - No damages
  • Meyrick v Portage Licensing Trust

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement regarding costs – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly
  • Briggs v Goscut Concrete Cutter Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance and arrears of wages claims – Less than one day investigation meeting – Applicant sought $1,750 contribution towards costs – Authority found appropriate to award…
    Result:
    Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)