• Gazeley v Oceania Group (NZ) Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant claimed would suffer continued irreparable damage to reputation, employment prospects and lost earnings if matter not removed…
    Result:
    Application dismissed ; Costs reserved
  • McElrea v Sim Ag Contracting Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant claimed was employee of respondent and was unjustifiably dismissed – Respondent claimed applicant was independent contractor – Respondent principal (“S”)…
    Result:
    Application dismissed ; No order for costs
  • Patterson v Pacific Island Educational Resource Centre Trust

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant failed to raise grievance in time – Applicant failed…
    Result:
    Application dismissed ; Costs reserved
  • Collings v Howard TMG Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Length of investigation meeting unspecified - Applicant sought $2,500 contribution towards costs – Respondent failed to file response but told applicant considered $2,500 too…
    Result:
    Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • NZ Meat Workers & Related Trades Union Inc v Affco New Zealand Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant previously sought removal of matter to EC but application later withdrawn – Applicant previously claimed important issues…
    Result:
    Application granted ; Costs reserved
  • van der Hoeven v Alloy Yachts International Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably disadvantaged and dismissed by respondent – Applicant critical of management decisions when believed resulted in deficiencies – Respondent…
    Result:
    Application dismissed ; Costs reserved
  • Roberts v The Waikato District Health Board

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent by not being paid when ready, willing and able to work – Respondent claimed applicant failed to provide medical clearance enabling…
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,000) ; Interest (4.25%) ; Costs reserved
  • TBA Communications Ltd v Butterworth

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Authority determination – Parties accepted respondent had not paid total costs award ordered by Authority – Respondent partly paid costs by instalments of…
    Result:
    Compliance ordered ; Costs in favour of applicant ($375) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Dahya v Accountants First Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance – Length of investigation meeting not specified – Applicant sought $2,500 contribution towards costs – Respondent claimed costs should lie where they fall as made…
    Result:
    Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Rankin v Swire Pacific Offshore NZ Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Applicant previously claimed unjustifiably dismissed and respondent had breached good faith obligations but withdrew claim after respondent provided evidence that parties had resolved performance issue -…
    Result:
    Application dismissed ; Costs in favour of respondent ($1,000)