• Austin v Silver Fern Farms Ltd

    K J Anderson [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 suspended…
    Result:
    Application dismissed ; No order for costs
  • Transpacific Industries Group (NZ) Ltd v Harris and Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought removal on basis important question of law likely to arise – Question was enforceability of restrictive…
    Result:
    Application dismissed ; Costs reserved
  • Taituha v Chenery Contracting Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed grievance raised outside 90 day period – Organiser (“D”) with…
    Result:
    Application dismissed ; Costs reserved
  • Julian v Glen Eden Mechanical & Tyres 2005 Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Authority determination – No appearance for respondent – Applicant claimed had not received any payments from respondent – Authority satisfied respondent sole director…
    Result:
    Compliance ordered ; No order for costs ; Disbursements in favour of applicant ($272.50)(service fees) ($71.56)(filing fee)
  • Contrax Technical Services (1996) Ltd v Coburn

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement – No appearance for respondent – Applicant Managing Director (“K”) told respondent had to undergo further training…
    Result:
    Application granted (penalty) ; Penalty ($250)(Payable to Crown) ; Application dismissed (breach of contract) ; Costs in favour of applicant ($442.75) ; Disbursements in favour of applicant ($215.31)(filing fee and service fees)
  • Martin v Easy Mind Waikato Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant informed respondent director (“L”) that mother (“R”) set up company which carried on same business as…
    Result:
    Application dismissed ; Costs reserved
  • Mohammed v South Pacific Meats Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Parties disputed date on which grievance arose – Authority found applicant out of time surrounding events beginning of season…
    Result:
    Applications granted ; Damages for breach of contract ($31,000) ; Costs reserved
  • Fulton v Canstaff Ltd and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Withdrawn application to reopen investigation – No investigation meeting – Respondents sought $750 contribution to $1,000 total costs – Applicant claimed costs should lie where they fall –…
    Result:
    Costs to lie where they fall
  • Guthrie t/a You Hair Salon v Bowen

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful restraint of trade application and successful recovery of monies application – Length of investigation meeting not specified – Applicant sought $2,371 full costs – Applicant claimed entitled…
    Result:
    Costs to lie where they fall
  • Talakai v Albany Food Warehouse Ltd t/a Albany Pak 'n' Save

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Half-day investigation meeting – Respondent sought $1,500 contribution to $7,000 total costs – Respondent claimed costs award appropriate because respondent wholly successful, Authority made…
    Result:
    Costs in favour of respondent ($1,500)