• Cornish v Everlast Construction Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful personal grievance – Less than one day investigation meeting - Applicant sought $1,518 contribution towards costs – Respondent declined applicant’s previous offer that costs be settled…
    Result:
    Costs in favour of applicant ($1,200) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Osborne v The Farmers' Trading Co Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant’s managerial responsibilities included ensuring direct reports adhered to respondent’s policies and procedures – Applicant took without…
    Result:
    Application dismissed ; Costs reserved
  • Benfield and Ors v Waimokoia Residential School and Anor

    R A Monaghan [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
  • New Zealand Meat and Related Trades Workers Union v AFFCO New Zealand Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Respondent claimed important question of law likely to arise and Authority lacked jurisdiction to determine matter - …
    Result:
    Application granted ; Costs reserved
  • Jensen v Chief Executive of the Department of Corrections

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Applicant, co-worker (“P”) and senior officer (“H”) accompanied prisoner (“Z”) to shower – Z delayed having shower…
    Result:
    Application dismissed ; Costs reserved
  • Wade v Hume Pack-N-Cool Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought to reopen investigation – Matter determined on papers - Applicant claimed respondent made false statements to Authority at previous investigation meeting – Respondent claimed…
    Result:
    Application dismissed ; No order for costs
  • McLeod v National Hearing Care (New Zealand) Ltd

    M B Loftus [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Respondent claimed applicant’s dismissal justified as could no longer employ applicant after changes imposed by Ministry of Health (“MoH”) – Applicant’s previous employer (“A”) purchased…
    Result:
    Applications dismissed (unjustified dismissal, unjustified disadvantage and good faith) ; Application granted (arrears of wages) ; Arrears of wages (Quantum to be determined)
  • Adams v Linton

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor - Applicant claimed employed by respondent - Respondent failed to lodge statement in reply but presented evidence – Respondent performed work under contract…
    Result:
    Applications granted (jurisdiction and arrears of wages) ; Arrears of wages ($4,825.40) ; Interest (5%) ; Application dismissed (unjustified dismissal) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Pickles v Millers Stream Ltd t/a Ohope Autos

    R A Monaghan [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
  • Richmond and Anor v Aspire Inc

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicants claimed unjustifiably dismissed by respondent – Respondent claimed personal grievances raised out of time - Applicants on leave…
    Result:
    Applications dismissed ; Costs reserved