• Poulopoulos v Residential Rentals Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution of $4,790 to total costs of $7,186 - Authority noted total costs included costs of participation…
    Result:
    Costs in favour of respondent ($2,750)
  • O'Neill v The Vice Chancellor University of Otago

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - Respondent sought to reopen investigation on grounds of lack of jurisdiction, breach of natural justice, and contradictory findings of fact -…
    Result:
    Application dismissed ; Costs reserved
  • Mukherjee v Last Train to India Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise personal grievance out of time – Applicant on holiday in India and prevented from coming back to New Zealand because respondent…
    Result:
    Application granted ; Costs reserved
  • Design Engineering (SI) Ltd v Kearins

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RESTRAINT OF TRADE - Respondent sought to enforce restraint of trade, non solicitation, and confidentiality clauses in employment agreement (“EA”) - Respondent incorporated company while still employed by applicant -…
    Result:
    Application partially granted ; Parties directed to mediation ; Orders made ; Costs reserved
  • Fulton v Canstaff Ltd & Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $3,000 contribution to total costs of $8,879 – Respondent claimed matter not complicated and no unusual features…
    Result:
    Costs in favour of applicant ($2,700)
  • Cook v Bradiana Enterprises Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Authority found not unreasonable to conclude notice to director of respondent constituted defacto communication with respondent – Applicant claimed doctrine of the…
    Result:
    Applications dismissed (Dismissal)(Disadvantage) ; Arrears of wages and holiday pay (Quantum to be determined) ; Costs reserved
    • 16 September 2010

    • CA 182/10

  • Bennett v Tyco Flow Control Pacific Pty Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – GOOD FAITH – Applicant suffered workplace accident and one week later took sick leave – Supervisor did not know applicant intended to seek medical advice for injury…
    Result:
    Applications dismissed ; Costs reserved
  • Dawson v Top Freight Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant asked for sick leave following hospitalisation for pneumonia – Applicant claimed dismissed – Respondent claimed dismissal misunderstanding – Applicant’s evidence preferred – Found if truly misunderstanding…
    Result:
    Application granted ; Application dismissed (counterclaim) ; Reimbursement of lost wages ($8,775) ; Compensation for humiliation etc ($7,000) ; Costs reserved
  • MacDonald v Belgrade Holding Company Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed employed by respondent at respondent’s franchise’s “F store” and subsequently “B store” when unjustifiably dismissed by respondent – Respondent argued applicant’s employment at F store…
  • Hammington v BB Ignite Ltd and Ors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - COSTS - Respondents successfully applied for adjournment because engaged counsel at last minute together with benefits or more orderly and time effective investigation at later date…
    Result:
    Costs in favour of applicant ($1000)