• Lim v Kerrick Industries Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Less than one day investigation meeting - Respondent sought $28,059 indemnity costs - Respondent made $3,000 Calderbank offer - Authority found appropriate to…
    Result:
    Costs in favour of respondent ($2,500)
  • Taranaki District Health Board v Graamans

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties disputed whether position description created following restructure substantially similar to respondent’s previous position description – Parties disputed nature of respondent’s position – Restructure created generic position description…
    Result:
    Questions answered in favour of applicant ; Costs reserved
  • Milne v New Leaf Beauty Therapy Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Authority found respondent consulted with applicant regarding respondent’s proposal to reduce applicant’s guaranteed hours but respondent did not…
    Result:
    Application granted; Reimbursement of lost wages ($4,312.50); Compensation for humiliation etc ($6,000); Compensation for loss of benefit ($86.25)(KiwiSaver contribution); Costs reserved
  • Nash v Wellington Regional Chamber of Commerce and Anor

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Authority's discretion under s219 to grant extension of time
    Result:
    Application dismissed; No order for costs
  • Healy v DBLShot Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - 90 day trial period - Loud conversations heard by customers - Over ordering stock…
    Result:
    Application dismissed; Costs reserved
  • Donovan v Euro Builders Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Whether Authority had jurisdiction to order respondent to pay PAYE to Inland Revenue Department or provide receipt to applicant for vest…
    Result:
    Application partially granted (jurisdiction) ; Application granted (arrears of wages and holiday pay) ; Arrears of wages ($208) ; Arrears of holiday pay ($260) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Coumbe v Paintworx Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant sought arrears of wages and holiday pay – Whether parties agreed to change applicant’s status from independent contractor to employee…
    Result:
    Application dismissed ; No order for costs
  • Teding van Berkhout v The Commissioner of Police

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s refusal to consider leave application until applicant accepted roster changes and unjustifiably dismissed by respondent…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($9,287.20) ; Compensation for humiliation etc ($10,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Carroll v Community Living Trust

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Two of respondent’s clients lived in flat with assistance of respondent’s caregivers – Client (“A”) had history…
    Result:
    Application dismissed ; Costs reserved
  • Pinto v LNP Consulting Ltd

    A Fitzgibbon [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