• Association of Allied Professional and Executive Employees Inc v Bay of Plenty District Health Board

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed interpretation of pay provision in collective agreement - Respondent sought rectification of provision.
    Result:
    Questions answered in favour of applicant; Costs reserved
  • Parbhu v Armstrong Prestige Wellington Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting - Applicant sought $15,168 contribution towards costs - Authority found no complex matters of law or procedural issues in…
    Result:
    Costs in favour of applicant ($5,500) ; Disbursements in favour of applicant ($105)(filing fee & witness expenses)
  • Kardailsky v Agresearch Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for intentionally allowing genetically modified plants to flower without required controls –…
    Result:
    Application dismissed; Costs reserved
  • Blakeley v ACM New Zealand Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent - Disinterested and negative behaviour from applicant during meetings and allegation of inadequate performance - Without prejudice off…
    Result:
    Application granted; Reimbursement of lost wages ($12,692.31); Compensation for humiliation etc ($6,000); Costs reserved
  • Wright v Three Miners Vineyards Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Whether unsigned employment agreement, incorrect job description and misidentification of employer amount to exceptional circumstance -…
    Result:
    Application dismissed; Costs to lie where they fall.
  • AP & AW Hughes Ltd v Johnstone

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of annual leave taken in advance and wages overpaid to respondent – COUNTERCLAIM – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal –…
    Result:
    Applications dismissed; Costs reserved
  • Watson v Oceana Gold (New Zealand) Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim - Two days investigation meeting - Applicant sought $7,000 contribution towards costs – Respondent sought $7,000 contribution towards costs - Respondent made $13,000 Calderbank…
    Result:
    Costs in favour of respondent ($7,000) ; Disbursements in favour of respondent ($454)(travel) ($1,147.84)(accommodation)
  • Lomas v Pukenui J Farms Trust

    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 the Authority - Order prohibiting publication of terms of…
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Joumaa v Pita Doctors Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement – Whether respondent unable to pay money because of drop in business – Applicant unable to move to new…
    Result:
    Application granted ; Penalty ($300)(payable to applicant) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Wilson v Life Education Trust, Rodney

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant’s resignation not reasonably foreseeable – No constructive dismissal – Found respondent did not give detail…
    Result:
    Application granted (unjustified dismissal); Contributory conduct (100%); Costs to lie where they fall