• Walker v Delta Community Support Trust

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s actions at time of and during applicant’s suspension and unjustifiably dismissed by respondent – Allegation…
    Result:
    Application dismissed ; Costs reserved
  • Patel v Kangnai Footwear Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTITFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably dismissed by respondent – First employment agreement incorrect – New employment agreement provided – New agreement backdated to first day of…
    Result:
    Application granted ; Compensation for humiliation ($6,000) ; Reimbursement of lost wages ($6,656) ; Interest (5%) ; Arrears of holiday pay (quantum to be determined); Costs reserved
  • Allbon v Nicholson Racing Stables Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful arrears of wages and personal grievance claim - Less than one day investigation meeting - Applicant sought indemnity costs - Respondent to pay applicant $2,500 contribution towards…
    Result:
    Costs in favour of respondent ($2,500)
  • Tauo v Cowboys Bar Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Applicant informally warned co-worker of customer complaints through text message – Alleged insubordination – Whether respondent issued…
    Result:
    Application granted ; Reimbursement of lost wages ($4,132.92) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Stocker v Car Giant Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant engaged to assist set-up – Applicant paid two different hourly rates – No written employment agreement – No set hours…
    Result:
    Application granted ; Costs reserved
  • Hoff v The Wood Lifecare (2007) Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim but remedies reduced for contribution - Three day investigation meeting - Applicant sought $15,000 contribution towards costs - Respondent claimed Authority only decided in…
    Result:
    Costs in favour of applicant ($10,500); Disbursements in favour of applicant ($71.56)(filing fee) ($78.25)(miscellaneous)
  • Lin v General Recycle Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Authority ordered respondent to pay applicant $2,626 reimbursement of lost wages in previous determination – Authority failed to apply 15 per cent…
    Result:
    Orders made ; Quantum specified ; Reimbursement of lost wages ($1,374.68) ; No order for costs
  • Keepa v Go Bus Transport Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether settlement agreement precluded Authority from hearing applicant’s personal grievance – Applicant sought to resign during disciplinary process – Respondent accepted resignation on condition full and final settlement…
    Result:
    Application dismissed ; Costs in favour of respondent ($3,500)
  • Azaan v Upinder Mann Enterprises Ltd t/a Vege Oasis

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to respond to communications and unjustifiably dismissed by respondent – Applicant on paternity leave –…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Ellis and Anor v Hygiene Foundation Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicants sought arrears of wages – No appearance for respondent – Regional managers
    Result:
    Applications granted ; Arrears of wages ($6,500)(first and third applicants)($5,055.56)(second applicant) ; No order for costs