• Henry v Chief Executive of the Ministry of Social Development

    R Larmer [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 claimed…
    Result:
    Application dismissed ; Costs reserved
  • King v Waste Tyre Solutions

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful arrears claim and personal grievance – Half day investigation meeting – Respondent sought $12,800 contribution to $19,394 total costs and $2,450 expenses – Authority found applicant’s second…
    Result:
    Costs in favour of respondent ($4,500)
  • Waldman v Farmlands Trading Society Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance – One and a half day investigation meeting – Respondent sought $22,500 contribution towards costs – Respondent claimed as applicant did not accept $5,000…
    Result:
    Costs in favour of respondent ($7,500)
  • Lee v AA Trade & Enterprise Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed dismissal justified due to uncertain future caused by sudden loss of clientele after Christchurch earthquake – Applicant agreed…
    Result:
    Applications dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved
  • Angus v Ports of Auckland Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Removal to Employment Court on own motion – Applicant put letter under office door of respondent administrator which contained what could be viewed as racist and…
    Result:
    Matter removed to Court ; No order for costs
  • NZ Professional Drivers and Transport Employees Association Inc v Transportation Auckland Corporation Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING – Application for reference to facilitation – Applicant claimed referral should be made on grounds set out in s50C(1)(a) and s50C(1)(b) Employment Relations Act 2000 (“ERA”) - Respondent did…
    Result:
    Application dismissed ; Costs reserved
  • Watson v The Green Energy Corporation Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed summarily dismissed after respondent discovered competitor had offered applicant job – Applicant claimed respondent ended employment without good reason and no process…
    Result:
    Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($5,000) ; Interest (5%) ; Compensation for humiliation etc ($3,500 reduced to 2,800) ; Counterclaim granted ; Recovery of monies ($174.29) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Diakaki v Greek Orthodox Community of Wellington Inc

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful raising personal grievance and substantive claims – Length of investigation meetings not specified – Respondent requested Authority determine costs since leave provided – Applicant claimed costs should…
    Result:
    Application granted
  • Wattam v Vine-Tech Contracting Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – Less than one day investigation meeting – Applicant sought full costs – Respondent claimed contributions towards costs should be minimal as hearing less than…
    Result:
    Costs in favour of applicant ($1,500)
  • Culling v Vine-Tech Contracting Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – Half day investigation meeting – Applicant sought $3,988 total costs – Authority found counsel’s attendance at dismissal meeting and disbursements incurred prior to filing…
    Result:
    Costs in favour of applicant ($1,500)