• Hall v Steve Wildermoth t/a Wildermoth Transport

    G J Wood [Employment Relations Authority - Wellington]

    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
  • Edwards v Two Degrees Mobile Ltd & Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim injunction restraining respondent from terminating applicant’s employment – Authority found weak arguable case that respondent’s decision to disestablish applicant’s position motivated predominantly by adverse view…
    Result:
    Application dismissed; Costs reserved
  • McKenzie v Dawsons Catering Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Respondent sought $3,600 contribution towards costs - Respondent made Calderbank offer for costs to lie where they fall -…
    Result:
    Costs in favour of respondent ($1,000)
  • Chalmers v City Line (NZ) Ltd t/a Valley Flyer""

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Authority found respondent decision to suspend applicant not…
    Result:
    Application granted (unjustified disadvantage) ; Contributory conduct (20%) ; Compensation for humiliation etc ($1,600) ; Applications dismissed (unjustified dismissal and penalty) ; Costs reserved
  • Cooke v JKL Entertainment Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent had taken reasonable steps to manage risk that threatening response from customer may cause…
    Result:
    Application granted (penalty)(breach of Wages Protection Act 1983); Penalty ($1,000)(payable to applicant); Applications dismissed (unjustified dismissal)(breach of contract)(penalty)(breach of Minimum Wage Act 1983); Costs reserved
  • Fa'amoe v Nielsen t/a Toby's Restaurant

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Incompatibility - Applicant claimed unjustifiably dismissed by respondent - Authority found dismissal procedurally and substantively unjustifiable - Dismissal unjustified - Remedies - No contributory conduct - Applicant…
    Result:
    Application granted; Compenstation for humiliation etc ($3,000); Reimbursement of lost wages ($13,000); Disbursements in favour of applicant ($71.56); No order for costs
  • Davidson v Rittson-Thomas

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Partially successful claim - Two and a half day investigation meeting - Respondent made counter claims - Applicant sought $4,500 contribution towards costs - Respondent sought stay on…
    Result:
    Costs in favour of applicant ($3,650); Disbursements in favour of applicant ($71.65) (filing fee)
  • Mathys v Bolton & Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought $3500 contribution towards costs - Authority found nothing unusual about the case - Respondent…
    Result:
    Costs in favour of applicant ($3,500); Disbursements in favour of applicant ($71.56)(filing fee)
  • National Union Public Employees Inc v The Chief Executive of The Ministry of Social Development

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Interpretation of collective employment agreement – Whether applicant’s members entitled to travelling allowance – Authority found workplace located outside public transport network – Found workplace not located away…
    Result:
    Question answered in favour of respondent; Costs reserved
  • Peter Connolly and Ord v Nelson Pine Industries Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to recall previous Authority determination – Authority found power to recall previous determination under Authority’s equity and good conscience jurisdiction – Found determinations enforceable immediately…
    Result:
    Application dismissed; Costs reserved