• Singh v Tandoori Knights Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent had sufficient information to conclude applicant drunk and abusive of patrons and food court…
    Result:
    Applications dismissed; Costs to lie where they fall
  • Robertson v M & L Mexted Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found applicant’s claim not unmeritorious but delays not caused only by actions of applicant’s advocate…
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of wages ($923.56) ; Arrears of holiday pay ($404.46) ; Interest (5%) ; Application dismissed (raising personal grievance) ; Costs to lie where they fall
  • Morrick v JMV Agri Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Authority found applicant did not raise unjustified disadvantage grievance at parties’…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Application dismissed (raising personal grievance and unjustified disadvantage) ; Costs reserved
  • Sayers v S B McPherson Holdings Ltd t/a Boulevard Services

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent raised concerns with applicant and gave applicant opportunity to respond - Found unlikely applicant…
    Result:
    Application dismissed; Costs reserved
  • Fifita (aka Eddie Bloomfield) v Dunedin Casinos Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent’s decision to dismiss applicant underpinned by respondent’s conclusion applicant knew handling cannabis and respondent’s…
    Result:
    Application granted; Contributory conduct (50%); Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($2,500); Costs reserved
  • Houghton v Stray Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Respondent sought penalty against respondent for breach of employment agreement - Authority found applicant’s dismissal procedurally fair…
    Result:
    Application granted (counterclaim – penalty) ; Penalty ($1,000)(payable to respondent) ; Applicant dismissed (unjustified dismissal) ; Costs reserved
  • Brooking v Idea Services Ltd in Statutory Management

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful raising personal grievance - No investigation meeting - Respondent sought $2,500 contribution towards costs - Authority found costs should be awarded based on normal tariff for half…
    Result:
    Costs in favour of respondent ($1,750)
  • Antares Restaurant Group Ltd v Unite Union Inc

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found important question of law likely to arise – Matter removed to EC
    Result:
    Application granted ; No order for costs
  • Taiapa v Te Runanga O Turanganui A Kiwa t/a Turanga Ararau Private Training Establishment

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting - Respondent sought $11,000 contribution towards costs and $400 penalty against applicant’s advocate (“X”) – Authority found circumstances warranted…
    Result:
    Costs in favour of respondent ($4,500) ; Interest (5%) ; Disbursements in favour of applicant ($150)(copying and binding costs)
  • Bailey v Warner

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES - Applicant sought arrears of wages and holiday pay and reimbursement of accommodation costs paid for by applicant – Authority…
    Result:
    Application granted ; Arrears of wages ($10,494.49) ; Arrears of holiday pay ($839.56) ; Recovery of monies ($198) ; Interest (5%) ; Costs reserved