• Smaill v Sims Brothers (1992) Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – Two day investigation meeting – Applicant failed to provide breakdown of costs – Applicant claimed full costs appropriate due to respondent’s conduct – Authority…
    Result:
    Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($70)
  • Cummings v Wyma Engineering (NZ) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – Less than one day investigation meeting – Applicant sought $4,687 total costs – Applicant claimed entitled to full costs as Calderbank offer made to…
    Result:
    Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)
  • Hegedus v Actronic Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed made redundant as criticised decisions and conduct of respondent’s managers – Respondent claimed applicant’s redundancy necessary due to global financial crisis – Three…
    Result:
    Application dismissed ; Costs reserved
  • Blackaby v New Zealand Plumbers, Gasfitters and Drainlayers Board

    G J Wood [Employment Relations Authority - Wellington]

    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
  • Moxon v Pathways Health Ltd t/a Pathways

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged through warning issued – Applicant received letter from respondent Regional Manager (“C”) which raised allegations of bullying behaviour towards staff and behaviour which…
    Result:
    Application granted (unjustified disadvantage) ; Contributory conduct (10%) ; Compensation for humiliation etc ($10,000 reduced to $9,000) ; Application dismissed (breach of contract) ; Costs reserved
  • McFarlane v Queenstown Accommodation Centre Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful claim – Length of investigation meeting not specified – Applicant was self-represented but sought some legal advice – Applicant sought full costs - Respondent claimed applicant’s…
    Result:
    Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($79.96)(filing fee and postage)
  • Hill v Turners & Growers Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought $6,000 contribution towards costs – Applicant claimed could not afford to meet costs award -…
    Result:
    Costs to lie where they fall
  • Coles v Salus Clubs Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant made redundant due to respondent’s financial difficulties – Applicant accepted dismissal substantively justified but claimed were procedural irregularities in redundancy process - Applicant claimed not aware…
    Result:
    Applications granted (unjustified disadvantage and good faith) ; Compensation for humiliation etc ($6,500) ; Application dismissed (penalty) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Lundbom v Avisit Solutions Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Respondent Chief Executive Officer (“V”) claimed as no sales made agreed to pay applicant on hourly basis instead of commission basis but…
    Result:
    Application dismissed ; Costs reserved
  • Ross v Air New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought contribution to costs above normal daily tariff rate – Respondent claimed made reasonable and timely offers to…
    Result:
    Costs in favour of respondent ($4,000)