• Marsh v General Distributors Ltd t/a Countdown Church Corner

    P R Stapp [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Alleged harassment and discrimination – Issue of beanie and gloves – RECOVERY OF MONIES – Applicant sought recovery of…
    Result:
    Applications dismissed ; Questions answered in favour of respondent ; Costs reserved
  • Harrison v Te Reo Irirangi O Te Hiku O Te Ika t/a Te Hiku Media

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Tebbutt v Northland Regional Transport Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay – Authority found respondent hired new employee to cover applicant’s work meaning applicant superfluous unless…
    Result:
    Applications granted ; Arrears of wages ($3,920) ; Arrears of holiday pay ($313.62) ; Interest (5%) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Blanchard v Trevor Gill

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant in employment relationship with respondent - Respondent claimed applicant volunteer - Respondent failed to sign employment agreement - ARREARS OF WAGES AND HOLIDAY PAY - Applicant…
    Result:
    Application granted; order for costs
  • Evans v Gowri Periasamy t/a Hair Ministry

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant resigned or was dismissed – Whether parties reached agreement applicant would resign – Settlement agreement drawn…
    Result:
    Application granted ; Reimbursement of lost wages ($4,812.50) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Gupta v Infosys Technologies (Australia) Pty Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL - Redundancy – Applicant claimed unjustifiably dismissed by respondent and unjustifiably disadvantaged by respondent’s extension of probationary period, lack of support in client placement, change…
    Result:
    Application granted; Compensation for humiliation etc ($8,000); Costs reserved
  • Duffy v Kindercare Learning Centres Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide ten minute breaks – Respondent claimed applicant would have seen other employees take breaks and chose not to…
    Result:
    Application granted ; Compensation for humiliation etc ($750) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • La Roche v Victory Enterprises Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by warnings, respondent’s actions concerning meetings, reduction of hours and suspension – Conduct and performance concerns – Applicant claimed given inadequate notice of…
    Result:
    Application granted ; Reimbursement of lost wages ($2,011.20) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Coker v Keruru Fishing Co Ltd and Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Whether respondent notified applicant undischarged bankrupt - No employment agreement - Industry norm to hire contractors - Applicant not entitled…
    Result:
    Application dismissed; Costs to lie where they fall
  • Wikaira v Transpacific Industries Group (NZ) Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent did not predetermine dismissal of applicant by calling applicant’s explanation for not immediately reporting…
    Result:
    Application dismissed ; Costs reserved