• Maritime Union of New Zealand v Ports of Auckland Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Joint application for removal to Employment Court (“EC”) – Parties sought order for removal on grounds that important issues of law likely to arise and matters…
    Result:
    Application granted ; Costs reserved
  • Pereira v Imperial Tobacco New Zealand Ltd

    R Arthur [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent factory manager (“M”) found applicant behaved in angry and forceful manner towards respondent employee (“R”) in…
    Result:
    Application granted ; Reinstatement ordered ; Contributory conduct (33%) ; Compensation for humiliation etc ($7,500 reduced to $5,000) ; Costs reserved
  • Manoharan v Chief Executive of Waiariki Institute of Technology

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Four day investigation meeting – Applicant sought $45,944 total costs or alternatively $38,500 contribution to costs – Respondent claimed costs should lie where they…
    Result:
    Costs in favour of applicant ($10,000) ; Disbursements in favour of applicant ($1,270)
  • Pure Hairdressing Ltd v Kosmidakis and Anor

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - RESTRAINT OF TRADE – Applicant sought interim injunction to prevent first respondent (“K”) from continuing new employment with second respondent (“F”) - Applicant claimed employment with F breached…
    Result:
    Application granted ; Costs reserved
  • New Zealand Meat Workers & Related Trades Union Inc v Affco New Zealand Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority previously removed to EC question whether consultation with applicant required before particular operation tally at respondent’s plant…
    Result:
    Application granted ; No order for costs
  • Abrao v Artus

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed dismissed by respondent for becoming pregnant and no longer being able to fulfil obligations of role – Respondent…
    Result:
    Application granted (penalty) ; Penalty ($500)(Payable to applicant) ; Applications dismissed (unjustified dismissal)(parental leave) ; Costs to lie where they fall
  • Living Earth Ltd v Knight

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – GOOD FAITH - Applicant claimed respondent breached parties’ settlement agreement (“SA”) and good faith obligations - Applicant claimed respondent downloaded applicant’s material onto applicant’s data sticks…
    Result:
    Applications dismissed ; Costs reserved
  • Greenbaum v Waikato District Health Board

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful compliance order application and unsuccessful penalty claim – Half day investigation meeting – Applicant sought $3,000 contribution to $9,000 total costs – Applicant claimed entitled to…
    Result:
    Costs in favour of respondent ($4,500)
  • Waterman v Web Partners Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or shareholder – Applicant claimed unjustifiably dismissed by respondent - Respondent claimed applicant was shareholder – Respondent’s director (“E”) claimed parties had amended shareholder agreement (“SA”)…
    Result:
    Application dismissed ; Costs reserved
  • Maniototo Youth Group Inc v Burroughs

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought order applicant’s claim frivolous or vexatious – Applicant claimed within Authority’s jurisdiction to determine whether respondent breached employment agreement (“EA”) – Respondent resigned –…
    Result:
    Application dismissed ; Costs reserved