• Chant v Anglesea Consulting Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant employed by individual (“O”) prior to O’s death – Respondent asked applicant to continue working following O’s death – Whether…
    Result:
    Applications granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($2,500) ; Costs reserved
  • Takataka v Waikato District Health Board

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Dismissal justified
    Result:
    Application dismissed ; Costs reserved
  • Larnach v Gipsy Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant requested training on accounting system – Whether respondent provided professional support – Respondent raised concerns…
    Result:
    Applications dismissed ; Costs reserved
  • Azaan v Upinder Mann Enterprises Ltd t/a Vege Oasis

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful claims - One day investigation meeting - Respondent sought $12,500 indemnity costs - Respondent made Calderbank offers of $2,500 and $4,250 - Authority found appropriate to…
    Result:
    Costs in favour of respondent ($4,500)
  • Thompson v Lichfield International Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay – Applicant resigned employment – Applicant not required to work notice period – Applicant unexpectedly…
    Result:
    Applications granted ; Arrears of wages ($775.43) ; Arrears of holiday pay ($67.24) ; Recovery of monies ($65.08); Interest (5%); Disbursements in favour of applicant ($71.56)(filing fee)
  • Hyde v Winton Hotel (2002) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - Less than one day investigation meeting - Applicant sought $3,346 indemnity costs or $1,657 contribution towards costs - Authority found applicant's first claim…
    Result:
    Costs in favour of applicant ($1,657.31)
  • Stringer v Sanford Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor – All seagoing personnel in respondent’s deepwater division independent contractors – Engineers paid daily rate while out at sea – Whether…
    Result:
    Application dismissed ; Costs reserved
  • Yu v Da Hua Supermarket Central Ltd t/a Da Hua Supermarket

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant in employment relationship with respondent - UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Applicant given work trial – Respondent did not…
    Result:
    Applications dismissed (unjustified dismissal)(penalty) ; Applications granted (jurisdiction)(unjustified disadvantage)(arrears of wages and holiday pay); Arrears of wages ($459) ; Arrears of holiday pay ($67.48) ; Costs reserved
  • Zhong v NZ Natural Dairy Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Salary paid erratically – Applicant requested salary be paid in one sum – Situation not resolved –…
    Result:
    Application granted ; Reimbursement of lost wages ($2,666) ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Hay v Whitehead Signs Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Respondent encountered financial difficulties – Respondent informed applicant could not pay salary – Applicant resigned - No appearance for respondent…
    Result:
    Application granted ; Arrears of wages ($2,836.59) ; Disbursements in favour of applicant ($71.56)(filing fee)