• Blackman v Kiwi Care Preschool

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant not dismissed during first meeting – Found video conference meeting characterised by applicant’s reluctance to…
    Result:
    Application dismissed; Costs reserved
  • Lewis v J P Morgan Chase Bank N.A.

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) - Authority found did not have jurisdiction to order compliance in circumstances – Found no jurisdiction for party to…
    Result:
    Application dismissed ; Costs reserved
  • McAlevey v Molyneux Park Charitable Trust

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim – Two days investigation meeting – Respondent sought $3,000 contribution towards costs – Respondent made $4,000 Calderbank offer and offered to withdraw applicant’s dismissal…
    Result:
    Costs in favour of applicant ($3,000); Disbursements in favour of applicant ($932.51)
  • Teng v Aongatete Coolstores Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Authority noted applicant not pursuing personal grievance specifically but any grievance not raised within 90 days – UNJUSTIFIED DISMISSAL…
    Result:
    Applications dismissed; No order for costs
  • Mathieson v The Beecroft Garden Trust & Ors

    R A Monaghan [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant sought $79,000 arrears of wages - Authority found no evidence applicant not paid for first 90 days’ remedial work - Applicant completed later work on…
    Result:
    Applications dismissed ; Costs reserved
  • Magnetism Solutions v Smith

    E Robinson [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; Costs to lie where they fall
  • Beckman v Hussein t/a Hairpro New Lynn

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful personal grievance claim – One day investigation meeting – Applicant sought $4,000 contribution towards costs – Authority found applicant should receive some contribution towards costs but…
    Result:
    Costs in favour of applicant ($1,500); Disbursements in favour of applicant ($71.56)(filing fee)
  • Hiha v Crane Distribution NZ Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant accepted accessed pornography during work hours on respondent’s computer - Authority found applicant prepared to engage…
    Result:
    Application dismissed ; Costs reserved
  • Pollock v The Hardware Cafe Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for theft – Authority found respondent did not check or retain receipts…
    Result:
    Application granted; Reimbursement of lost wages ($4,662.50); Contributory conduct (10%); Compensation for humiliation etc ($5,400); Costs reserved
  • French v Accident Compensation Corporation

    A Dumbleton [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Removal of matter to Employment Court (“EC”) on own motion – Applicant sought contribution towards costs - Authority found question of costs incurred in Authority most…
    Result:
    Application granted ; No order for costs