• Jones v Waitemata District Health Board

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s investigation process and demotion – Multiple complaints of bullying made against applicant – Whether complainants collaborated and should have been…
    Result:
    Application dismissed ; Costs reserved
  • Hook v Stream Group (NZ) Pty Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s behaviour during meeting and not being required to work out notice period – Applicant claimed…
    Result:
    Applications dismissed ; Costs reserved
  • Cross v Onerahi Hotel Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Applicant drinking at work and during work hours – Respondent failed to deliver letter requesting meeting as applicant…
    Result:
    Application granted ; Contributory conduct (100%) ; Costs reserved
  • Singh v Printhub Ltd

    T MacKinnon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful claims – One day investigation meeting – Applicant sought $7,422 indemnity costs – Authority found issues not unduly complex and not appropriate to modify notional daily…
    Result:
    Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)($140.27)(sundry administrative disbursements)
  • Murrell v City Fitness Group Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent placing applicant on special leave and later suspending applicant – Authority found respondent’s action in placing applicant on special leave not…
    Result:
    Application dismissed ; Costs reserved
  • Jonas v Menefy Trucking Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Whether applicant unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – Whether applicant suspended – Written warning –…
    Result:
    Applications granted (unjustified disadvantage)(arrears of wages) ; Reimbursement of lost wages ($704) ; Compensation for humiliation etc ($1,000) ; Arrears of wages ($875.95) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Lloyd v AV Services (1994) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Regular arguments between applicant and respondent’s owner (“S”) – Swearing – Applicant directed to clean office –…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($12,000) ; Compensation for humiliation etc ($10,000) ; Application dismissed (penalty) ; Costs reserved
  • McCarthy v Aigaga t/a S and A Courier and Cleaning Ltd

    G J Wood [Employment Relations Authority - Wellington]

    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
  • Hovell v Silver Ferns Farms Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant not ambushed when complaint raised and respondent entitled to take into account fact applicant…
    Result:
    Application granted ; Contributory conduct (75%) ; Reimbursement of lost wages ($4,550) ; Compensation for humiliation etc ($1,500) ; Costs reserved
  • Ryder v Whitireia Independent Students Association Inc

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages, holiday pay and bonus - Applicant agreed to delay in wages while respondent in financial difficulty - Whether…
    Result:
    Application granted (arrears of wages); Arrears of wages ($53,013.70); Applications dismissed (arrears of holiday pay)(unjustified disadvantage)(good faith-penalty)(counterclaim - jurisdiction); Costs reserved