• Newick v Working In Ltd and Ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful arrears claim and unsuccessful grievance, jurisdiction, identity of employer, penalty claims – Two and half day investigation meeting – Respondent sought $25,339 (plus GST) contribution to $25,339…
    Result:
    Costs in favour of respondents ($9,500)
  • Delamere-Burr v Brand Developers Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant claimed offered copywriter position by respondent chief copywriter (“M”) – M claimed only offered applicant opportunity to be considered…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Patchett v Contour Roofing Nelson Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged and dismissed by respondent – Applicant dismissed after alleged positive drug test and refusal to undertake further…
    Result:
    Applications granted ; Reimbursement of lost wages (quantum to be determined)(unjustified disadvantage and unjustified dismissal) ; Compensation for humiliation etc ($5,000)(unjustified disadvantage) ; Compensation for humiliation etc ($10,000)(unjustified dismissal) ; Costs reserved
  • Watson v Green Energy Co Ltd and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – PENALTY – Applicant sought compliance with Authority determination – Authority previously ordered respondent pay applicant reimbursement of lost wages, compensation and filing fee – Authority previously ordered…
    Result:
    Compliance ordered ; No order for costs
  • Here v McAlpine Hussman Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and disadvantaged by respondent – Respondent team leader (“M”) and applicant had verbal argument when applicant failed to perform M’s…
    Result:
    Applications dismissed ; Costs reserved
  • Rea v Pirrit

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement during investigation meeting on unpaid wages and holiday pay – Respondent to pay applicant $3,562 – Interest payable – Terms of settlement to be…
    Result:
    Consent order granted ; Orders accordingly ; Application dismissed (penalty) ; No order for costs
  • Smith v McGlynn Homes Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought contribution towards costs – Applicant claimed respondent’s costs excessive and costs award would cause hardship…
    Result:
    Costs in favour of respondent ($2,000)
  • Whalley v Takou Were-Te-Mokai Landcare Charitable Trust

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – No appearance for respondent – Applicant claimed dismissed following text exchange with Trust Manager (“R”) – Applicant claimed text exchange…
    Result:
    Application granted ; Reimbursement of lost wages ($5,737.50) ; Contributory Conduct (33.3%) ; Compensation for humiliation etc ($3,000 reduced to $2,000) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)
  • Waho v P J & P M Vela Ltd t/a Pencarrow Stud

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent thoroughbred horse breeder - Respondent’s manager (“C”) claimed imperative that weed spraying not carried out on…
    Result:
    Application dismissed ; No order for costs
  • Ma v Dolce Design Ltd and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether first or second respondent employer – First respondent (“DDL”) claimed second respondent (“4U”) employer – Applicant commenced employment with DDL – DDL’s managing director (“S”)…
    Result:
    Applications granted (unjustified dismissal and arrears of wages and holiday pay) ; Reimbursement of lost wages ($1,920) ; Arrears of wages and holiday pay ($5,981.04) ; Interest (5%) ; Applications dismissed (practice and procedure and penalty) ; Costs reserved