• Boult v Harvey Norman (NZ) Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found redundancy result of genuine restructuring – Found applicant had access to relevant information and opportunity to…
    Result:
    Application dismissed; Costs reserved
  • Dennehy v Kershevin Farms Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Authority found genuine redundancy situation - Found one month's notice reasonable in circumstances - Found respondent should have…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • King v J & R Pumps Southland Ltd t/a Waterforce

    E Robinson [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent's actions - Authority found applicant voluntarily resigned from employment - No dismissal…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($500) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Pep Management Ltd v Liang

    R Larmer [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
  • Massie v Ong & Anor t/a Pharmacy 72

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - one day investigation meeting - Applicant sought $3,000 contribution to costs - Authority found no reason to depart from normal rule applicant entitled…
    Result:
    Costs in favour of applicant ($3,000)
  • Ram v Myatt (Labour Inspector)

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant objected to demand notice from respondent to pay previous employee (H") $11,560 arrears of holiday pay - Authority found applicant's objection to respondent's demand…
    Result:
    Application declined ; Arrears of holiday pay ($11,000) ; Costs to lie where they fall
  • Rapson v Ashburton Hospitality Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful compliance order and penalty claim - Length of investigation meeting not specified - Applicant sought costs of $3,026 - Authority found indemnity costs appropriate due to respondent's…
    Result:
    Costs in favour of applicant ($3,026.33)
  • The Rail and Maritime Transport Union v Lyttleton Port Company Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Interpretation of collective employment agreement (“CEA”) – Whether second applicants covered by CEA – Authority found second applicants ‘cargo handlers’ within meaning of CEA – Found second applicants…
    Result:
    Questions answered in favour of applicants; Costs reserved
  • Affco New Zeland Ltd v New Zealand Meat and Related Trades Unions Inc & Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – GOOD FAITH – Determination of preliminary issue – Second respondent (“CTU”) claimed action against CTU should be struck out - Applicant claimed first respondent (“NZMWU”) had…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • 88 C-Force Textile Industries Ltd v Thompson

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Employment relationship problem withdrawn – No investigation meeting – Respondent sought contribution towards costs – Applicant sought $1,500 contribution towards costs – Authority found respondent not successful and…
    Result:
    Costs in favour of applicant ($1,000)
    • 17 May 2012

    • [2012] NZERA Auckland 168