• Suhr v Prolife Foods Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for misappropriation of company property – Authority found applicant misled manager deliberately…
    Result:
    Application dismissed ; Costs reserved
  • Rhind v Chief Executive of the Ministry of Social Development

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for accessing files of friends and family – Authority found applicant understood…
    Result:
    Application dismissed; Costs reserved
  • Edwards v Two Degrees Mobile Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to re-open investigation - Parties sought that Authority re-open investigation and Authority quash order relating to penalty against respondent – Authority ordered that, by consent…
    Result:
    Application granted ; Orders accordingly ; No order for costs
  • Petersen v SB Auto Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant did not need to ask respondent for permission before purchasing item for personal use…
    Result:
    Application granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($2,500) ; Reimbursement of lost wages ($4,104) ; Costs reserved
  • Hiha v Crane Distribution NZ Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Respondent sought $3,000 contribution towards costs – Applicant agreed to quantum of costs sought by respondent…
    Result:
    Costs in favour of respondent ($3,000)
  • Findlay v Ports of Auckland Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought $3,500 contribution towards costs - Applicant claimed no costs award should be made as proceedings appropriately brought…
    Result:
    Costs in favour of respondent ($3,200)
  • G v H (a former employee of G's)

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for interim suppression of respondent’s identity – Authority found Authority potentially nullifying effect of another body’s decision would frustrate administration of justice – Application for…
    Result:
    Application partially granted ; Orders made ; Costs reserved
  • Vollmer v The Wood Life Care (2007) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Admissibility of evidence including email, second document, disputed paragraph and series of correspondence – Authority found email only posed question and was not correspondence to which…
    Result:
    Orders made ; Costs reserved
  • Miller Studios Ltd v Day

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Authority found respondent failed to comply with SA – Compliance ordered – Interest payable on instalments outstanding under…
    Result:
    Applications granted ; Compliance ordered ; Interest (5%)(instalments outstanding under settlement agreement) ; Penalty $500 (payable to applicant) ; Disbursements in favour of applicant ($70)(filing fee) ; No order for costs
  • Robertson v Arcad Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether unjustified disadvantage grievance raised within 90 days – Authority found action amounting to unjustified disadvantage grievance was issuing of warning rather than failure to withdraw…
    Result:
    Applications granted (unjustified dismissal)(counterclaim – penalty – good faith) ; Contributory conduct (percentage unspecified) ; Reimbursement of lost wages ($5,000) ; Compensation for humiliation etc ($3,000) ; Penalty ($500)(payable to respondent) ; Application dismissed (raising personal grievance) ; Costs reserved