• Paulet v Brooke

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether Authority had jurisdiction to consider applicant’s arrears of wages claim – Employer company in liquidation – Respondent bankrupt – Personal guarantee from respondent
    Result:
    Application dismissed ; No order for costs
  • Ahomiro (Labour Inspector) v Shiloh Silverculture Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - PENALTY - Applicant sought compliance with undertaking - Respondent previously agreed to review holiday payments of past and present employees, prepare proper employment agreements and make remedial…
    Result:
    Application dismissed; No order for costs
  • Curtis v RS Construction Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant’s comment to respondent to lose attitude and calm down rude and disrespectful but not…
    Result:
    Application granted ; Reimbursement of lost wages ($1,420) ; Contributory conduct (20%) ; Compensation for humiliation etc ($3,200) ; Costs reserved
  • Mills v AV Services (1994) Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent - 90 day trial period – No written employment agreement – Purported ‘gentleman’s agreement’ applicant would be employed…
    Result:
    Applications granted ; Reimbursement of lost wages ($12,000) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($230.89) ; No order for costs
  • Brocklehurst v KBM Machine Maintenance Ltd

    A Dumbleton [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance and breach of good faith claims - Less than two day investigation meeting - Respondent sought contribution towards costs - Respondent made $5,500 calderbank offer…
    Result:
    Costs in favour of respondent ($6,650)
  • Toh v Lincoln Park Markets Ltd t/a The Mighty Dollar Shop

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL –Dismissal - Applicant claimed unjustifiably dismissed by respondent – Authority found applicant not credible witness – Found applicant resigned from employment - No dismissal – Warehouse Delivery Assistant
    Result:
    Application dismissed ; Costs reserved
  • Feng v Kiwi Discovery Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Complaint about applicant by staff member – Applicant denied allegations and refused to apologise – Applicant willing to…
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; Interest (5%) ; Compensation for humiliation etc ($7,000) ; Costs reserved
  • Belsham v Ports of Auckland Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Authority found applicant twice given reasonable instruction by respondent to drive straddle crane – Found refusal to…
    Result:
    Application dismissed; Costs reserved
  • Shin v Taeha New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Two month period of leave to go overseas – Whether applicant failed to communicate with respondent when needed…
    Result:
    Applications granted ; Reimbursement of lost wages ($800) ; Contributory conduct (50%) ; Compensation for humiliation etc ($1,500) ; Arrears of wages ($2,666.67) ; Arrears of holiday pay ($2,400) ; Arrears of wages and holiday pay ($4,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Association of Allied Professional and Executive Employees Inc v Bay of Plenty District Health Board

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Dispute answered in favour of applicant - Two days investigation meeting - Applicant sought $10,000 contribution towards costs - Authority found no need to increase notional daily tariff…
    Result:
    Costs in favour of applicant ($7,000); Disbursements in favour of applicant ($71.56)(filing fee)