• NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Pike River Coal Ltd (in receivership)

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Dispute answered in favour of respondent – Matter dealt with on papers – Respondent claimed issue of payment in lieu of notice forming part of redundancy compensation only…
    Result:
    Costs to lie where they fall
  • Barker v Idea Services Ltd (in statutory management)

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed raised grievance in time through Service and Food Workers Union…
    Result:
    Application granted ; Costs reserved
  • Scott v Waiwera Infinity Spa Resort Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and disadvantaged by respondent – Applicant went on leave following diagnosis of carpel tunnel syndrome – During…
    Result:
    Application dismissed ; Costs reserved
  • Ozieranska v Cintra Quad Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought unpaid wages from respondent – No appearance for respondent – Authority declined to make order for examination of respondent’s financial records by independent and…
    Result:
    Application granted (arrears of wages)(arrears of holiday pay) ; Arrears of wages ($17,442.30) ; Arrears of holiday pay ($5,716.73) ; Interest (5%) ; Application dismissed (unjustified disadvantage) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Board v Adecco NZ Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy not genuine - Applicant told position would be disestablished, parties discussed redeployment but as no suitable role identified applicant’s employment terminated –…
    Result:
    Applications granted ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($17,060.95) ; Arrears of wages ($2,526.59) ; Costs reserved
  • Hauraro v D & J Grindley Supermarket Ltd t/a Riverslea Mall Supervalue

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful personal grievance – One day investigation meeting – Applicant sought $9,000 contribution to $11,500 total costs – Applicant claimed nature of case more complex than normal…
    Result:
    Costs in favour of applicant ($2,000)
  • Borrill v Elite Fitness Equipment Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Costs submissions raised out of time by respondent – Applicant opposed costs application being considered because made…
    Result:
    Application dismissed
  • Wright v Strait Shipping Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant claimed unjustifiably dismissed – Applicant claimed grievance raised verbally by union representative at meeting with company - Respondent…
    Result:
    Application granted (raising of personal grievance) ; Applications dismissed (unjustified dismissal and recovery of monies) ; Costs reserved
  • Isherwood v Insyn Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful parental leave claim – Less than one day investigation meeting – Applicant sought $5,988 contribution to $8,878 total costs – Respondent made Calderbank offer – Respondent rejected…
    Result:
    Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Griffin v Citibus Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant had acted in manner which had irreconcilably breached trust – Complainant (“W”) got on…
    Result:
    Application dismissed ; Costs reserved