• Drew v Pact Group

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent entitled to prefer evidence of applicant’s supervisor that would not have commenced investigation into…
    Result:
    Applications dismissed ; Costs reserved
  • Gostmann v Independent Refridgeration and Electrical Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant substantively justifiably dismissed for poor performance – Authority found applicant not subjected to graduated…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Contributory conduct (50%) ; Reimbursement of lost wages ($5,304) ; Applications dismissed (penalty – good faith)(counterclaim – breach of contract) ; Costs reserved
  • Valensky v Idea Services Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Personal grievance claim withdrawn by applicant - No investigation meeting – Application by respondent to vary costs order – Respondent claimed no opportunity to view applicant’s submissions…
    Result:
    Application dismissed; No order for costs
  • Murphy v Mitech Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s refusal to provide applicant company vehicle or allow applicant to return to work following accident…
    Result:
    Application granted (counterclaim - recovery of monies); Recovery of monies ($500); Applications dismissed (unjustified disadvantage)(unjustified dismissal); Costs reserved
  • Minister of Education v Guthrie

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Withdrawn personal grievance claim – No investigation meeting - Respondent sought $4,950 contribution towards costs - Authority found appropriate to reimburse respondent a portion of legal costs incurred…
    Result:
    Costs in favour of respondent ($500)
  • Mokomoko and Anor v La Famia Foundation NZ and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Authority considered reopening investigation on own motion on limited basis to consider whether further arrears of wages were owing to applicants
    Result:
    Orders made; Arrears of wages($3269.24)(first applicant)($2615.42)(second applicant); No order for costs
  • Long v Green t/a Petmart

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant ended employment when applicant elected to be put on notice – No dismissal -…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Vallance v Nelson Brake Services Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Length of investigation meeting not specified - Respondent sought $4,100 contribution towards costs - Authority found applicant’s behaviour materially contributed to respondent’s costs…
    Result:
    Costs in favour of respondent ($4,100.33)
  • Dunn v Waitemata District Health Board

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Authority found grievance not raised by letter as open to applicant to make further submissions, letter set pre-conditions to…
    Result:
    Application dismissed ; Costs reserved
  • Watson v UGL (NZ) Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful personal grievance claim – One and a half days investigation meeting - Applicant sought $4,473 indemnity costs – Authority found no evidence costs related to proceedings…
    Result:
    No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)