• MacMillan v Seating To Go Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by suspension and warning and unjustifiably dismissed by respondent – Respondent received complaint applicant made abusive and…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Applications dismissed (unjustified dismissal)(penalty) ; Costs reserved
  • RCG Ltd v Bercich

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful breach of contract claim and successful penalty claim – Three days investigation meeting – Respondent sought $17,250 indemnity costs – Applicant sought contribution towards costs – Respondent…
    Result:
    Costs in favour of respondent ($11,500)
  • Burton v Henry

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant in employment relationship with respondent - Respondent claimed applicant helping respondent as friend
    Result:
    Application dismissed; No order for costs
  • Whaanga v Sharp Services Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant worked from home - Respondent concerned about way applicant carried out work - Restructure…
    Result:
    Application granted (unjustified dismissal)(counterclaim - injunction); Compensation for humiliation etc ($2,500); Application dismissed (arrears of holiday pay); Costs reserved
  • Ellis and Ors v Hygiene Foundation Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicants claimed unjustifiably dismissed by respondent – Respondent failed to pay wages – Whether applicants threatened with loss of job and misled about nature…
    Result:
    Applications granted ; Compensation for humiliation etc ($5,000)(each applicant) ; Reimbursement of lost wages ($15,000)(each applicant) ; No order for costs
  • Hafner v Club Mount Maunganui Inc

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Less than one day investigation meeting - Respondent sought $5,000 contribution towards costs - Respondent made $1,500 Calderbank offer - Authority found given…
    Result:
    Costs in favour of respondent ($1,750)
  • A v B

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Criminal charges – Respondent provided with information via anonymous phone calls – Whether respondent interfered with applicant’s right to presumption of innocence and…
    Result:
    Application dismissed ; Costs reserved
  • O'Brien v Dick Smith Electronics NZ Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by warning for misuse of staff purchase discount and unjustifiably dismissed by respondent – Applicant transferred to…
    Result:
    Applications dismissed ; Costs reserved
  • Hamilton Taxi Society Ltd v Hassan

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or similar issues –…
    Result:
    Application granted ; Costs reserved
  • Johnston v Calvo

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on costs - Applicant to pay respondent $1,500 contribution towards costs - Terms of settlement to be orders of Authority
    Result:
    Consent order granted ; Costs in favour of respondent ($1,500) ; Orders accordingly