• Rail & Maritime Transport Union Inc v Quality Marshalling (Mount Maunganui) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING - Application for reference to facilitation - Applicant claimed bargaining unduly protracted and extensive efforts failed to resolve difficulties that precluded parties from entering collective agreement - Respondent neither…
    Result:
    Application granted ; No order for costs
  • Simons v Board of Trustees of Rotorua Girls High School

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Applicant accepted voluntary redundancy and opted to retrain instead of receiving long service payment as result of redundancy – Respondent’s…
    Result:
    Compliance ordered ; Costs reserved
  • Milham v Halliwell

    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
  • Ede v Gun City Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed dismissal for redundancy substantively and procedurally unjustified - Applicant called to meeting with respondent’s managing director (“T”) – Applicant informed position to be made redundant…
    Result:
    Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Dunnings v Serious Fun N" Mind Trust"

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Supplementary determination of Authority – In substantive determination Authority found applicant unjustifiably dismissed – Parties to determine quantum of reimbursement of lost wages – Parties unable…
    Result:
    Application granted ; Reimbursement of lost wages ($19,780.89) ; No order for costs
  • De Haas v Site Works

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant claimed owed $988 in unpaid holiday pay – Applicant provided evidence as to how had calculated sum - At material time respondent’s owner/operator an…
    Result:
    Application dismissed ; No order for costs
  • Rathore v Kiwitax Consultants Ltd and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - First respondent (“KCL”) claimed applicant never commenced employment under parties’ employment agreement – Applicant had work permit and hoped to obtain permanent residence –…
    Result:
    Applications dismissed ; Costs reserved
  • Craig v Western Mailing Ltd and Anor

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Matter originally filed as compliance order – Applicant sought compliance with mediated settlement agreement (“SA”) – Term of SA that respondent calculate bonus owing to applicant and…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Ford v Te Awhi Whanau Charitable Trust

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – New Project Team Leader (“T”) appointed during applicant’s period of absence and applicant required to report to…
    Result:
    Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($10,530 reduced to $5,265) ; Compensation for humiliation etc ($6,000 reduced to $3,000) ; Costs reserved
  • Temarama v Mana Coach Services Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought $3,000 contribution to costs - Applicant represented by union official - Applicant claimed successful in…
    Result:
    Costs in favour of applicant ($500)