• Spanhake v Tranznorth Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed on ground of redundancy…
    Result:
    Application granted (unjustified dismissal); Compensation for humiliation etc ($3,000); Application dismissed (unjustified disadvantage); Costs reserved
  • Bottin v Laidler

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of the Authority - Order prohibiting publication of terms of…
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Alim v LSG Sky Chefs New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found real issue of matter was what terms and conditions applicant employed under and what applicant’s entitlements…
    Result:
    Application dismissed ; Costs reserved
  • Goodman v Rooney Earthmoving Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One and a half day investigation meeting - Respondent sought contribution towards costs - Applicant sought order that any costs awarded be paid…
    Result:
    Costs in favour of respondent ($3,500)
  • Service & Food Workers' Union Nga Ringa Tota Inc and Ors v Pacific Flight Catering Ltd and Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful penalty claim - Two day investigation meeting - Applicant sought $4,500 contribution towards costs - Authority found claim for costs moderate and reasonable - Respondent to pay…
    Result:
    Costs in favour of applicant ($4,500); Disbursements in favour of applicant ($71.56)(filing fee)($82.60)(witness expenses)
  • A Murphy v Geotech Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged and unjustifiably dismissed by respondent – Minor physical altercation – Refusal to accept written warning subsequently amended…
    Result:
    Application granted; Contributory conduct (25%); Reimbursement of lost wages (three days); Compensation for humiliation etc ($5,625); Costs reserved
  • Binning v The New Zealand Fire Service Commission

    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 ; No order for costs
  • Johnston v The Silky Oak Chocolate Company Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Applicant refused to clean workplace microwave after microwave had been used by applicant’s colleagues - Authority…
    Result:
    Application dismissed ; Costs reserved
  • Soo v Autoglas-Stieger Levin Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Applicant complained bullied, harassed and threatened and offensive language used by respondent - Applicant claimed asked by respondent…
    Result:
    Application granted; Compensation for humiliation etc ($3,000); Costs reserved
  • Parker v Consultancy Advocacy and Research Trust

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment – Parties discussed negotiating redundancy clause in applicant’s employment agreement – Respondent claimed…
    Result:
    Application granted; Reimbursement of lost wages ($16,442.22); Compensation for humiliation etc ($5,000); Costs reserved