• Johnston v The Silky Oak Chocolate Company Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Respondent sought contribution towards costs – Applicant made Calderbank offer – Authority found applicant must have…
    Result:
    Costs in favour of respondent ($2,000)
  • Tohaia v Ihaia Te Mara Trust

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment or alternatively applicant admitted to smoking marijuana - Authority found most likely applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($2,895.53) ; Costs reserved
  • X v Oceania Group (NZ) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed after being convicted of offence that could reflect or impact negatively upon…
    Result:
    Application dismissed; Costs reserved
  • Rae v Stevenson Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted; Order accordingly; No order for costs
  • Gardner v Mallowbay Holdings Ltd and Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Authority found applicant’s employment agreement with first respondent and wages paid by first respondent – Found applicant employed by first respondent –…
    Result:
    Application dismissed; Costs to lie where they fall
  • Howes v Goldenflow Trust

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant had extensive criminal history and more likely than not applicant not truthful about criminal history…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (100%) ; Application dismissed (health and safety) ; Costs to lie where they fall
  • D'Souza v Talent Bean Ltd t/a Roasted Addiqtion Cafe

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for poor performance following two warnings – Authority found applicant’s behaviour did…
    Result:
    Application granted (unjustified dismissal); Reimbursement of lost wages ($1,848); Compensation for humiliation etc ($10,000); Costs in favour of applicant ($3,500); Disbursements in favour of applicant ($71.56)(filing fee); Application dismissed (arrears of wages)
  • McClellan v Matipou Orchard Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - 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
  • Peterson v Three Ten Dairies Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Authority found respondent did not fully and properly consult with applicant about possibility could be dismissed if did…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Applications dismissed (good faith, penalty and counterclaim – recovery of monies) ; Costs reserved
  • Gazeley v Oceania Group (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by suspension – Authority found applicant raised unjustified disadvantage grievance within 90 day period – Respondent operated residential care…
    Result:
    Application granted (raising personal grievance) ; Applications dismissed (unjustified disadvantage, unjustified dismissal and penalty) ; Costs reserved