• Watts v Fonterra Cooperative Group Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed after discovery of drug paraphernalia in vehicle - Another employee claimed discovered drug paraphernalia on seat of truck – Team leader (“S”)…
    Result:
    Application dismissed ; Costs reserved
  • Slater v Transportation Auckland Corporation Ltd t/a NZ Bus

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant dismissed after 22 month history of performance issues – Respondent’s evidence of applicant’s performance included 10 collisions, lateness, failure to stop for passengers…
    Result:
    Application dismissed ; Costs reserved
  • Rangi v Loader

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Less than half day investigation meeting - Applicant claimed incurred $3,500 costs – Authority noted applicant did not provide evidence of costs – Respondent…
    Result:
    Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($70)(filing fee)
  • Christoforou v Resene Paints Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance – One day investigation meeting - Respondent claimed considerable expense in defending applicant’s claims – Respondent sought $5,000 contribution – Respondent claimed order above general…
    Result:
    Costs in favour of respondent ($3,000)
  • Lunt v Firth & Stephenson Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful claims by applicant – One day investigation meeting – Respondent sought $4,000 contribution to costs – Respondent claimed made Calderbank offer, no basis for departing from principle…
    Result:
    Costs in favour of respondent ($2,500)
  • Newton v Sandblasting Specialist Otago Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissed twice by respondent – Firstly through redundancy then secondly when rehired and then dismissed again – Applicant advised by co-worker (“A”) that…
    Result:
    Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • McDonald v Ontrack Infrastructure Ltd and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Costs determination delayed until challenge heard in Employment Court - Applicant failed to make cost submissions following…
    Result:
    Costs to lie where they fall ; Disbursements in favour of first respondent ($788)(Flights) ; Disbursements in favour of second respondent ($1,393)(Flights) ($36.90)(Courier charges)
  • Deerness v Metlifecare the Poynton Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Less than full day investigation meeting – Respondent sought $2,250 plus GST contribution to costs – Respondent noted applicant put on notice would need…
    Result:
    Costs in favour of respondent ($2,250)
  • Field v Chief Executive of Department of Corrections

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $10,000 contribution to costs – Claimed contribution to costs should be higher than notional tariff due to…
    Result:
    Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($70)(filing fee)
  • Smith v Air2there.com (2008) Ltd

    E Robinson [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged when suspended by respondent – Applicant attended informal meeting with Chief Executive Officer of respondent company (“CEO”) in which performance concerns discussed –…
    Result:
    Applications granted ; Contributory conduct (30%) ; Reimbursement of lost wages (parties to determine quantum) ; Compensation for humiliation etc ($12,000 reduced to $8,400) ; Costs reserved