• Barrow v Sandblasting Specialists Otago Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed demoted applicant because applicant said could no longer work with paint fumes which were part and parcel of…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Fahy v Nichols Garden Group Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed employment ended when fixed term agreement expired – Authority found first employment agreement was fixed term agreement –…
    Result:
    Application granted ; Reimbursement of lost wages ($2,100) ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($1,500)
  • Kyle v HA & FM Brittenden Partnership

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $3,375 full costs – Respondent made Calderbank offer – Applicant claimed would be rough justice…
    Result:
    Costs in favour of respondent ($1,500)
  • Hill v Turners & Growers Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant claimed employed as quality controller – Authority found applicant employed as store person but nature of role had no…
    Result:
    Applications dismissed ; Costs reserved
  • Simons v Halswell Tavern & Retail Liquor Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $3,000 contribution to $10,356 total costs – Respondent claimed incurred further $10,000 costs in dealing…
    Result:
    Costs to lie where they fall
  • Dumolo v Lakes District Health Board

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant ran martial arts school and offered to run knife defence seminar for security staff at hospital…
    Result:
    Application dismissed ; Costs reserved
  • Andrews v Lets Get It Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – No appearance for respondent – Applicant entitled to salary under employment agreement – Applicant sent email to…
    Result:
    Application granted ; Reimbursement of lost wages ($6,153.84) ($710)(mobile phone account); Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • A v Chief Executive Child, Youth and Family

    E Robinson [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant slapped son (“X”) across mouth outside squash club – Bystanders reported incident to Child Youth and…
    Result:
    Applications dismissed ; Costs to lie where they fall
  • Smith v Air2there.com (2008) Ltd

    E Robinson [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Supplementary determination of Authority – In substantive determination Authority found applicant unjustifiably dismissed – Authority issued supplementary determination on remedies and costs – Applicant sought clarification…
    Result:
    Application dismissed
  • Heyneke and Anor v Air New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful breach of good faith application – Two day investigation meeting – Respondent claimed made open proposal to applicant to resolve all matters between parties – Proposal lapsed…
    Result:
    Costs in favour of respondent ($9,000)($4,500 payable by first applicant) ($4,500 payable by second applicant)