• Cummins v Waikato Institute of Technology

    A Dumbleton [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
  • Benjamin v European Woodworks Ltd t/a Eurotech Windoors

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Half day investigation meeting – Respondent sought full costs or alternatively $2,000 contribution towards costs – Respondent claimed applicant’s claim had no prospect of…
    Result:
    Costs in favour of respondent ($1,000)
  • Dunlop v CPC New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful grievance and arrears claim and unsuccessful penalties claim – Half day investigation meeting – Applicant sought $5,000 contribution to costs – Applicant claimed respondent managing director failed…
    Result:
    Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Mills v Metro Floor Canterbury (2002) Ltd (in liquidation) and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to join party – Applicant unsuccessfully attempted to enforce Authority determination against respondent – Applicant applied to District Court (“DC”) for order substituting respondent for…
    Result:
    Application dismissed ; Costs reserved
  • Moore v Airdrie Towing (2007) Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with record of settlement – Respondent agreed to pay applicant $15,400 in monthly instalments at rate of $1,200 per month – Applicant claimed $9,800…
    Result:
    Compliance ordered ; Costs reserved
  • Coley v VA Electrical Ltd and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed by respondent – Second respondent denied terminating applicant’s employment and claimed applicant walked off job and resigned by not…
    Result:
    Application dismissed ; Costs reserved
  • Gibbs v Grasshopper Lawnmowing Services Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant sought payment in lieu of notice when employment terminated for redundancy following Christchurch earthquake – Respondent claimed applicant was labour only…
    Result:
    Applications granted ; Arrears of wages ($2,250) ; No order for costs ; Disbursements in favour of applicant ($71.56)(Filing fee)
  • Pardoe v Wanganui Security Services Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Respondent claimed had complied with settlement agreement – Term of previous settlement that respondent would provide applicant with certificate of…
    Result:
    Orders accordingly ; No order for costs
  • Harrison v Grimes & Browning Joinery (2000) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed after abused and threatened co-worker (“X”) with violence – Authority found due…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement of lost wages ($5,946 reduced to $5,427.50) ; Compensation for humiliation etc ($4,000 reduced to $3,000) ; Application dismissed (arrears of wages) ; Costs reserved
  • Todd v Glenmavis Ltd and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – IRD required new partnership to be formed after identity of trustee changed – Second respondent commenced paying wages of employees – Respondents…
    Result:
    Applications granted ; Arrears of holiday pay (quantum to be determined) ; Recovery of monies (quantum to be determined) ; Compensation for humiliation etc ($15,000) ; Costs reserved