• Powrie v Te Puke Partsworld Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – Less than one day investigation meeting - Applicant sought $3,500 contribution towards costs – Authority found no special circumstances applied requiring respondent to…
    Result:
    Costs in favour of applicant ($750)
  • Nee Nee and Anor v C3 Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicants claimed unjustifiably dismissed by respondent – Respondent claimed applicants justifiably dismissed for breaching liquor ban on respondent’s premises – Authority found substantive justification…
    Result:
    Applications dismissed ; Costs reserved
  • AB Ltd v XY

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim injunction restraining respondent from using, disclosing or copying confidential information.
    Result:
    Application granted; Costs reserved
    • 14 December 2012

    • [2012] NZERA Auckland 456

  • Guilin v Koura Bay Wines Ltd (in receivership)

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful practice and procedure claim – Less than one day investigation meeting - Respondent sought $2,875 indemnity costs – Authority found indemnity costs not appropriate as receivership finalised…
    Result:
    Costs to lie where they fall
  • Marsh v The New Zealand Fire Service Commission

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Incapacity - Applicant claimed unjustifiably dismissed by respondent – Authority found applicant’s employment ended due to frustration of contract following work injury – Found medical evidence showed…
    Result:
    Application dismissed ; Costs reserved
  • C v D Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Sexual Harassment – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by sexual harassment at workplace and unjustifiably dismissed by respondent – Respondent claimed applicant justifiably…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal); Reimbursement of lost wages ($11,596); Compensation for humiliation etc ($10,000); Applications dismissed (penalty)(health and safety); Costs reserved
  • Tupou v Waikato Milking Systems NZ Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant not demoted – Found number of pornographic websites accessed from respondent’s computer mainly used…
    Result:
    Application dismissed ; Costs reserved
  • Wilson v Pumps and Plumbing 2011 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
  • Gilder v Combined Rural Traders Society Inc

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent did not consider applicant’s explanations - Found no enforcement of policies by respondent…
    Result:
    Application granted; Compensation for humiliation etc ($8,000); Reimbursement of lost wages ($19,732.80); Costs reserved
  • Maritime Union of New Zealand v Ports of Auckland Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING – PENALTY – Applicant claimed respondent engaged contractors to perform work of striking employees and sought penalties – Authority found during strike contractor’s (“N”) employee and respondent’s apprentice did…
    Result:
    Applications granted; Penalty ($30,000)(payable to Crown)($10,000)(payable to applicant); Costs reserved