• Rock v STIHL Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant accepted employment with New Zealand branch of previous Australian employer - Applicant claimed respondent failed to pay relocation expenses, superannuation and bonus in accordance with…
    Result:
    Application partially granted ; Costs reserved
  • Hauraro v D & J Grindley Supermarket Ltd t/a Riverslea Mall Supervalue

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged and dismissed by respondent – Applicant claimed resigned because team leader (“K”) exposed applicant’s mental illness to…
    Result:
    Application granted ; Contributory conduct (33.3%) ; Compensation for humiliation etc ($6,000 reduced to $4,000) ; Costs reserved
  • Cooper v Secretary for Education

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance – Two day investigation meeting – Respondent sought $2,101 full costs – Applicant claimed costs should lie where they fall because of parties’ disparate resources,…
    Result:
    Costs in favour of respondent ($1,500)
  • Cummings v Wyma Engineering (NZ) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent Managing Director (“S”) claimed large reduction of orders and under pressure from rising New Zealand dollar –…
    Result:
    Application granted ; Reimbursement of lost wages (3 weeks) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Agreiter v Gino Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance and arrears claim – Less than one day investigation meeting – Applicant sought $3,500 contribution to costs – Respondent claimed applicant not successful in all…
    Result:
    Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Jo v Cockcroft & Co ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed proper process not following by respondent in terminating employment for redundancy – Respondent claimed suffered substantial loss in gross fees and concerned not enough work…
    Result:
    Application dismissed ; Costs reserved
  • Scott v Chief Executive of the Department of Corrections

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Paroled prisoner (“X”) breached parole condition by leaving residence during curfew period without permission – Applicant and X’s probation officer…
    Result:
    Application granted ; Compensation for humiliation etc ($1,000) ; Costs reserved
  • Edwards v Abode Air Conditioning Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Personal grievance claim – No investigation meeting – Applicant withdrew application before scheduled investigation meeting – Respondent sought $2,000 contribution to costs – Date of investigation meeting changed…
    Result:
    Costs to lie where they fall
  • Transpacific All Brite Ltd v Sanko and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority previously declined application to stay proceedings when applicant commenced High Court (“HC”) proceedings as matters before Authority…
    Result:
    Application granted ; Costs reserved
  • Knedler v Flight Centre (NZ) Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed justifiably dismissed applicant as breached trust and confidence – Applicant obtained employment with respondent but…
    Result:
    Application dismissed ; Costs reserved