• Waaka v Cityline (N.Z.) Ltd t/a Valley Flyer

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought indemnity costs of $3,394 – Authority found applicant represented by union official and appropriate to award…
    Result:
    Costs in favour of applicant ($750); Disbursements in favour of applicant ($71.56)(filing fee)
  • Spratt v Clan Construction Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance claim and successful arrears of wages claim – Less than one day investigation meeting – Applicant sought contribution towards costs and respondent sought contribution towards…
    Result:
    Costs to lie where they fall
  • Bain v National Institue of Water & Atmospheric Research Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Operational review – Restructure - ARREARS OF WAGES – Applicant sought bonus entitlement - Manager
    Result:
    Applications dismissed; Costs reserved
  • Petersen v SB Auto Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $3,000 contribution towards costs – Authority found notional daily tarrif should be reduced to reflect fact…
    Result:
    Costs in favour of applicant ($1,500); Disbursements in favour of applicant ($71.56)(filing fee)
  • Chamberlain v Neocom Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of the Authority - Order prohibiting publication of terms of…
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Mahony v Industry Trade & Training Options Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - RECOVERY OF MONIES – Applicant sought…
    Result:
    Applications granted (practice and procedure)(arrears of wages and holiday pay)(recovery of monies)(penalty); Arrears of wages ($1,250); Arrears of holiday pay ($980); Recovery of monies ($62.50); Interest (5%); Penalty ($1,500)(payable to applicant); Applications dismissed (unjustified disadvantage); Costs in favour of applicant ($1750); Disbursements in favour of applicant ($71.56)(filing fee) ($220)(travel costs)
  • Brook v Macowan and Ors

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or volunteer – Whether description of applicant as “paid servant” meant applicant employee – Whether applicant told would be volunteer – Irregularities in bank statements…
    Result:
    Application dismissed ; Costs reserved
  • Simpson v Fostering Kids (New Zealand Family and Foster Care Federation)

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Whether respondent received second letter – Whether delay in…
    Result:
    Application dismissed ; Costs reserved
  • Kumar v Usha Food Ltd t/a Garam Masala Indian Restaurant

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Whether applicant employee or independent contractor – Whether applicant dismissed - ARREARS OF HOLIDAY PAY – Applicant sought…
    Result:
    Application dismissed (Unjustified Dismissal); Application granted (Arrears of holiday pay); Arrears of holiday pay ($188.50); Costs reserved
  • Adams v Hirequip Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting - Respondent sought $5,175 indemnity costs - Authority found nothing in case to justify costs award of…
    Result:
    Costs in favour of respondent ($1,750) ; Disbursements in favour of respondent ($444.50)