• Kereopa v Elrich Enterprises Ltd t/a Hanson Removals

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent - Applicant suffered injuries after assault by applicant - Applicant later injured ankle and told respondent…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,212.10) ; Compensation for humiliation ($5,000) ; Arrears of wages ($435) ; Arrears of holiday pay ($1,001.80) ; No order for costs ; Disbursements in favour of respondent ($71.56)(filing fee)
  • Morrison v Design Plus Build Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Whether applicant promoted to project manager, and health…
    Result:
    Applications granted ; Reimbursement of lost wages ($5,185.28) ; Interest (5%) ; Compensation for humiliation etc ($8,000) ; Penalty ($4,500)(payable to applicant)($2,500)(payable to Crown) ; Costs reserved
  • Roberts v Bank of New Zealand Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Applicant claimed unjustifiably disadvantaged by respondent’s failure to conduct…
    Result:
    Application dismissed ; Costs reserved
  • Hadfield and Ors v Wainuiomata Shopping Centre Ltd and Anor

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Triangular employment relationship – Second respondent property manager – Respondents’ names used interchangeably in evidence – Management agreement between respondents terminated –…
    Result:
    Application partially granted ; Costs reserved
  • Bottin v Laidler

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement – Applicant claimed respondent failed to pay agreed instalments – Two payments made by respondent – Respondent claimed poor…
    Result:
    Application granted ; Compliance ordered ; No order for costs
  • Amalgamated Workers' Union of New Zealand Inc v Counties Manukau District Health Board

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Dispute answered in favour of respondent - One day investigation meeting - Respondent sought $5,250 contribution towards costs - Authority found submissions in writing following investigation meeting did…
    Result:
    Costs in favour of respondent ($3,500)
  • Hafner v Club Mount Maunganui Inc

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Restructure – Respondent commenced review of restaurant structure – Outcome of review suggested restaurant overstaffed – Kitchen hand
    Result:
    Application dismissed; Costs reserved
  • Rean v Kirkland and Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – No signed employment agreement – No pay slips received – Applicant recorded hours worked in book – Applicant paid cash – UNJUSTIFIED…
    Result:
    Applications granted ; Reimbursement of lost wages ($5,040) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($699.70) ; Arrears of holiday pay ($1,344.08) ; Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Meads v Kereru Investments Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Applicant sought to join respondent’s director as party – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Grievance raised…
    Result:
    Applications granted (raising personal grievance)(unjustified disadvantage – unjustified dismissal)(arrears of wages and holiday pay); Reimbursement of lost wages ($6,744) ; Compensation for humiliation etc ($1,000) ; Arrears of wages ($1,159) ; Arrears of holiday pay ($272) ; Application dismissed (practice and procedure) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Simpson v The New Zealand Family & Foster Care Federation Inc o/a Fostering Kids

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by suspension – Alleged discrimination and racial harassment towards applicant – Warning for displays of anger – Inappropriate comments towards co-worker –…
    Result:
    Application granted ; Compensation for humiliation etc. ($3,000) ; Costs reserved