• MacDonald v Whale Pumps Ltd t/a Denby Caterers

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual or permanent part-time employee – No written employment agreement – Argument via text message –…
    Result:
    Application partially granted (arrears of wages and holiday pay) ; Arrears of holiday pay ($292.81) ; Applications dismissed (unjustified dismissal)(penalty) ; Costs reserved
  • Taurerewa v Total Property Services (Wellington) Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Identity of employer – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent - Respondent’s contract…
    Result:
    Application dismissed; Question answered in favour of respondent; Costs reserved.
  • Price-Brennan v Jireh Auto Tyres Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Whether applicant employed for fixed-term – Whether written employment agreement – Alleged smoking outside, and walking around…
    Result:
    Applications granted ; Contributory conduct (10%) ; Reimbursement of lost wages ($4,374) ; Compensation for humiliation etc ($4,500) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved
  • Angus v Ports of Auckland Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed whether applicant’s role limited to work covered by Collective Employment Agreement rail schedule – Whether applicant general stevedore or stevedore undertaking rail work – Stevedore
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Taurerewa v Cobb

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employed by respondent – Respondent took over cleaning contract – Respondent advised that applicant wished to transfer employment from previous holder of cleaning contract – Respondent…
    Result:
    Applications granted ; Reimbursement of lost wages ($3,276) ; Compensation for loss of benefit ($262.08)(holiday pay) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • MacDonald v Lean Meats Oamaru Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Argument with co-worker – Whether applicant verbally abused co-worker – Whether applicant sprayed co-worker with water –…
    Result:
    Application dismissed ; Costs reserved
  • Cronin-Lampe and Anor v Board of Trustees of Melville High School

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicants claimed unjustifiably disadvantaged by respondent’s failure to provide safe workplace, breach of obligations under Health and Safety in Employment Act 1992 and causation of significant emotional…
    Result:
    Applications dismissed ; Costs reserved
  • Dong v Kiwisports Preschool Ltd t/a Kiwicare Preschool

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Restructure – Transitional arrangement – Reduction of government funding – Whether applicant dismissed because of argument with fellow…
    Result:
    Application granted ; Reimbursement of lost wages ($3,520) ; Compensation for humiliation ($8,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Sudh v Geordis Wilson New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – New Zealand Customs (“Customs”) audited applicant’s work following serious error – Customs uncovered further errors and opined…
    Result:
    Application dismissed ; Costs reserved
  • VOLOM Ltd v Z

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Respondent restrained for defined period from trading with clients or franchisees of applicant with whom respondent had contact, or…
    Result:
    Consent order granted ; Orders accordingly ; Respondent to pay applicant's costs