• Wallace v GP and SL Glaister Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful arrears claim – Half day investigation meeting – Third party (“H”) sought $10,033 full costs – No appearance for respondent – H claimed larger costs award appropriate…
    Result:
    Costs in favour of third party ($1,750)
  • McMillan and Ors v Air Nelson Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – One successful, one unsuccessful claim – Less than one day investigation meeting – Respondent sought contribution to costs – Applicant claimed costs should lie where they fall –…
    Result:
    Costs to lie where they fall
  • Cooper v Christchurch Casinos Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful parental leave claim – One day investigation meeting – Applicant sought $10,000 contribution to $16,000 total costs – Applicant claimed higher costs award appropriate due to complexity…
    Result:
    Costs in favour of applicant ($5,000)
  • Callender v Transport (Waimate) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed signed employment agreement (“EA”) but forgot to return to respondent and respondent never asked for EA…
    Result:
    Application dismissed ; Costs reserved
  • Harrington v NZ Imports and Exports and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) by first respondent – No appearance for respondents – Authority satisfied first respondent failed to comply with SA – Compliance…
    Result:
    Applications granted (compliance order)(penalty) ; Compliance ordered ; Interest (5%) ; Penalty ($7,000)($3,000 payable to applicant)($4,000 payable to Crown)(first respondent) ; Penalty ($2,000)($1,000 payable to applicant)($1,000 payable to Crown)(second respondent) ; Costs in favour of applicant ($875) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Katopau v Turuki Health Care

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought reinstatement – Parties had signed record of settlement – Respondent claimed applicant precluded from bringing claim due to record of settlement being full and…
    Result:
    Application dismissed ; Costs reserved
  • NZ Marine Turbochargers Ltd v Hillerby

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Employment relationship problem withdrawn – No investigation meeting – Respondent sought $9,000 full indemnity costs – Respondent claimed applicant effectively made allegations of fraud against respondent and commenced…
    Result:
    Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($251)(airfare)
  • Osorio and Ors v Truestone Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicants sought unpaid wages – No appearance for respondent – Authority found applicants had been paid nothing for work performed – Found applicants proved claims to…
    Result:
    Application granted ; Arrears of wages ($1,566)(first applicant) ; Arrears of wages ($1,305)(second applicant) ; Arrears of wages ($1,435.50)(third applicant) ; Arrears of wages ($1,305)(fourth applicant) ; Arrears of wages ($1,566)(fifth applicant) ; Arrears of wages ($1,305)(sixth applicant) ; Arrears of wages ($1,305)(seventh applicant) ; Costs reserved
  • Rotorua Girls' High School Board of Trustees v Simons

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of $4,097 advanced to respondent – Applicant accepted respondent’s volunteered offer for redundancy – Respondent informed applicant of intention to undertake retraining which…
    Result:
    Application dismissed ; Costs reserved
  • Garvin v Progressive Equipment Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent managing director (“S”) frustrated applicant not finished business plan and took leave with little notice –…
    Result:
    Application granted (recovery of monies) ; Recovery of monies (quantum to be determined) ; Applications dismissed (unjustified dismissal)(arrears of wages) ; Costs reserved