• Kim v Thermosash Commercial Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Three day investigation meeting - No costs submissions received from applicant – Respondent sought $9,000 contribution towards costs – Authority found reasonable contribution towards…
    Result:
    Costs in favour of respondent ($9,000)
  • Mayne and Ors v Polychem Marketing Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful jurisdiction claims – One and a half day investigation meeting – Parties disputed whether had reached agreement to settle costs – Applicants claimed respondent had offered and…
    Result:
    Costs in favour of respondent ($14,000)
  • Faulkner v Clarity Group Ltd t/a Tielcey Park

    D King [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent failed to file Statement in Reply – Respondent manager (“F”) suspended applicant – Applicant claimed F…
    Result:
    Application granted ; Reimbursement of lost wages ($10,010) ; Interest (7.5%) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Culling v Turners Auctions Ltd

    D King [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant given performance improvement plan (“PIP”) – Applicant claimed targets set in PIP unachievable – Respondent national sales manger claimed…
    Result:
    Application dismissed ; Costs reserved
  • Estate of Waepeke Ruihana Tupaea v Andrews Housemovers Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employment relationship problem – Respondent employed worker (“W”) until W died in work accident – Respondent paid W’s outstanding wages and holiday pay to W’s partner (“H”)…
    Result:
    Application dismissed ; Costs in favour of respondent ($700)
  • Hatch and Ors v Oceania Care Company (No 1) Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – One day investigation meeting – Applicants sought $16,910 full costs – Respondent claimed costs of no more than $2,500 warranted – Authority found no…
    Result:
    Costs in favour of applicants ($6,000)
  • Kifouani v Rappongi Excursions Ltd t/a Denny's Restaurants

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Length of investigation meeting not specified – Applicant sought full costs – Respondent claimed no costs should be awarded as applicant’s grievance reckless –…
    Result:
    Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(filing fee)
  • Andreassen v Swann

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – No statement in reply from respondent – Respondent accepted parties had employment relationship and had unjustifiably dismissed applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($4,803.95) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Todd v Glenmavis Ltd and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Respondent claimed Authority member should recuse themselves as third party (“W”) upset about W’s involvement in earlier investigation meeting with same Authority member – W claimed…
    Result:
    Application dismissed ; No order for costs
  • Quin v Trucking Relief (Waikato) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Respondent opposed application on basis application was request to have Authority re-litigate matters already determined and had been inordinate delay in…
    Result:
    Application dismissed ; Costs reserved