• Clark v Nelson Marlborough Institute of Technology

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Whether applicant’s employment relationship problem to be determined in Authority or Employment Court (“EC”) - Applicant filed Statement of Problem in Authority - Respondent claimed grievance…
    Result:
    Orders made ; Costs to be determined by Employment Court
  • Tropotova and Anor v OCS Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicants casual employees – Applicants claimed not casual employees as had legitimate expectations of further work – Respondent argued casual employees – Authority found key…
    Result:
    Applications granted ; Reimbursement of lost wages ($1,000 after reduction)(First applicant)($1,500 after reduction)(Second respondent) ; Compensation for humiliation etc ($2,000 after reduction)(First applicant)($4,000 after reduction)(Second applicant) ; Costs reserved
  • Newick v Working In Ltd and Ors

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant filed several documents as part of personal grievance application – Respondent asked Authority to consider admissibility of documents and whether member should remove themselves from…
    Result:
    Orders made ; Costs reserved
  • Hunt v Halls Pharmacy Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Half a day investigation meeting - Respondent sought $1,750 contribution to costs - No costs submissions received from applicant - Authority found matter relatively…
    Result:
    Costs in favour of respondent ($1,000)
  • Ye v Ruifa Produce Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with Authority determination - Authority had ordered respondent to pay applicant compensation for hurt and humiliation, eight weeks wages, outstanding annual leave and sick…
    Result:
    Application dismissed ; No order for costs
  • Mars New Zealand Ltd v Manufacturing and Construction Workers Union Inc.

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Parties in dispute about how employees’ entitlement to annual holidays could be met under Holidays Act 2003 (“HA”) and parties’ collective employment agreement (“CEA”) - Applicant claimed allowed…
    Result:
    Questions answered in favour of applicant ; Counterclaims dismissed ; Costs reserved
  • Postal Workers Union of Aotearoa and Anor v New Zealand Post

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – UNJUSTIFIED DISADVANTAGE – Applicant claimed written warning received for repeatedly failing to wear correct uniform and refusing reasonable instruction to remove incorrect uniform – Claimed warning unjustified and…
    Result:
    Application granted (Unjustified dismissal) ; Remedies (reduced to 0); Costs reserved
  • Peleti v KME Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Three day investigation meeting - Respondent sought full costs of $14,580 - Authority found some of costs claimed related to mediation - Found not…
    Result:
    Costs in favour of respondent ($7,500)
  • Watkins & Anor v Lobster Club Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicants’ claimed unjustifiably dismissed - Respondent claimed applicants’ walked away from employment - Respondent operated Lobster Club Restaurant and Bar (“LCRB”) - LCRB formerly operated by another…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of holiday pay ($1,246.16)(Applicant 1)($1,353.84)(Applicant 2) ; Costs reserved
  • Fuster v Brownie

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Identity of respondent - No appearance for respondent - Authority satisfied respondent applicant’s employer and not company called Glenorchy Hotel Limited (“GHL”) - Authority accepted applicant’s…
    Result:
    Application granted ; Arrears of wages and holiday pay ($8,008.26) ; Interest (5.28%) ; Disbursements in favour of applicant ($396.20)(Transport costs)($70)(Filing fee)