• Maynard v Bay of Plenty District Health Board

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Application for leave to raise grievance out of time – Applicant argued delay occasioned by exceptional circumstances – Applicant argued series of letters, together with applicant’s…
    Result:
    Application dismissed ; Costs reserved
  • Peacock v Affco Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Applicant claimed not in financial position to contribute to costs sought by respondent - Respondent sought $3,000…
    Result:
    Costs in favour of respondent ($2,000)
  • Reuben v Radius Residential Healthcare Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant advised resident complained about applicant’s behaviour – Respondent required explanation in writing but applicant did not respond as informed by another caregiver complaint withdrawn – Applicant…
    Result:
    Application granted ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; No order for costs
  • Parata v Montage General Insurance Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Previous compliance order in favour of applicant – Applicant sought $48,614 contribution to actual costs – Applicant argued shifting grounds, serious allegations, and settlement attempts in support of…
    Result:
    Costs in favour of applicant ($9,500) ; Disbursements ($650)
  • The New Zealand Dairy Workers' Union v Westland Co-Operative Dairy Company Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with s69T(b) Employment Relations Act 2000 (“ERA”) - Parties had collective employment agreement (“CEA”) containing bargaining fee clause – Several of applicant’s members (“employees”)…
    Result:
    Compliance ordered ; Costs reserved
  • Cook v Bradiana Enterprises Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY AND SICK PAY – Parties unable to reach agreement on arrears – Applicant claimed $140 sick pay outstanding – Respondent accepted amount claimed – Applicant claimed…
    Result:
    Application granted ; Arrears of holiday pay and sick pay ($1,542.09) ; Costs to lie where they fall
  • Hudgell v Pendarves Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Applicant to withdraw personal grievance - Respondent…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Autagavia v Tiny Town Learning Centres Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent’s owner (“W”) received written complaint from employee (“C”) alleging had witnessed applicant assaulting a child – W spoke with C and determined C…
    Result:
    Application granted ; Reimbursement of lost wages ($8,000) ; Compensation for humiliation etc ($8,500) ; Costs reserved
  • Morgan v Waiotahi Contractors Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Incapacity – Applicant suffered ankle injury while working – Applicant required surgery on ankle and cleared to work light duties until surgery – Respondent generally kept informed…
    Result:
    Application granted ; Reimbursement of lost wages ($1,020) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Bay of Plenty District Health Board v Association of Professionals and Executive Employees Inc

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant asked Authority to provide interpretation of clause of Multi Employer Collective Agreement (“MECA”) – Applicant argued pursuant to clause of CEA entitled to make proposed roster changes…
    Result:
    Orders accordingly ; Costs reserved