• Mika v Simple Rentals Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged by progressive reduction in hours and unjustifiably dismissed by respondent - ARREARS OF HOLIDAY PAY – Applicant…
    Result:
    Applications granted (unjustified disadvantage)(arrears of holiday pay); Compensation for humiliation ($5,000); Reimbursement of lost wages ($810); Arrears of holiday pay (quantum to be determined); Application dismissed (unjustified dismissal); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved
  • Athanazio v Bossanova Enterprises Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Whether aggressive behaviour and offensive language amounted to serious misconduct - Poor performance raised with applicant - Applicant accused respondent director of…
    Result:
    Application granted ; Costs reserved
  • Hergatt v HBC Design Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Non work related accident - Restructure while applicant off work - Applicant informed business manager" position no longer…
    Result:
    Application granted; Compensation or humiliation etc ($3,000); Costs reserved
  • Myatt (Labour Inspector) v Balaji Sweets and Snacks NZ Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - PENALTY - Applicant sought compliance with improvement notice - Applicant sought penalty for respondents failure to comply with improvement notice - Time and wages records - Respondent…
    Result:
    Application granted (Compliance order); Compliance ordered; Application dismissed (penalty); No order for costs; Disbursements in favour of respondent ($71.56)(filing fee)
  • Allbon v Nicholson Racing Stables Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANATGE - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Applicant provided with on-site accommodation - Respondent notified applicant of inability to pay applicant and…
    Result:
    Applications granted (unjustified disadvantage)(arrears of wages); Compensation for humiliation etc ($5,000); Arrears of wages ($10,800); Applications dismissed (unjustified dismissal)(practice and procedure); Costs reserved
  • Cairns v The Trusty Delivery Company Ltd and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Applicant employed by first respondent – Applicant’s company entered into franchise agreement with first respondent – Whether agreement…
    Result:
    Applications granted ; Arrears of holiday pay ($5,230.76) ; Interest (5%) ; Penalty ($3,000)(payable to applicant) ; Costs reserved
  • Orr v Orr

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondent - Applicant sought arrears of wages – Family relationship – Respondent agreed to assist applicant with financial affairs
    Result:
    Application dismissed ; Costs to lie where they fall
  • Manson v Maples Lifecare (2005) Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal – Applicant claimed unjustifiably disadvantaged by reduction in hours and disciplinary meeting and unjustifiably dismissed by respondent – Applicant refused to work…
    Result:
    Applications partially granted; Compensation for humiliation etc ($2,000); Costs reserved
  • Miller v Hillyers of Lincoln (2006) Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Agreement to work reduced hours on return from maternity leave – Whether agreement to work Saturday’s on…
    Result:
    Applications granted ; Compensation for humiliation etc ($8,000); Reimbursement of lost wages ($6,191.50); Penalty ($2,500)(payable to applicant); Costs reserved
  • Aitkenhead v Bruschetteria Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim – Less than one day investigation meeting - Applicant sought indemnity costs of $2,125 – Authority found appropriate in all circumstances for respondent to…
    Result:
    Costs in favour of applicant ($2,125)