• Spice v Fletcher Concrete and Infrastructure Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Half day investigation meeting – Authority found hearing time unnecessarily extended because applicant not given access to respondent’s written statements prior to investigation meeting…
    Result:
    Costs in favour of respondent ($1,500) ; Disbursements in favour of respondent ($798.98)
  • Ford & Anor v Manson

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful application to reopen investigation - Length of investigation meeting not specified - Respondent sought full solicitor client costs of $2,548 - Respondent claimed applicants’ application frivolous and…
    Result:
    Costs in favour of respondent ($2,548.59)
  • Shearer v Radius Residential Care Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Respondent sought removal to EC – Applicant consented to removal – Applicant claimed unjustified dismissal – Respondent claimed…
    Result:
    Application granted ; Costs reserved
  • Steans v Canterbury Concrete Cutting (NZ) Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant sought redundancy compensation entitled to - No dispute applicant entitled to four weeks’ redundancy compensation - Applicant’s dismissal letter stated respondent not in position to…
    Result:
    Application granted ; Arrears of wages ($3,291.93) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Nafoi v Complete First Aid Supplies Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful unjustified dismissal claim - Unsuccessful unjustified disadvantage claim - One day investigation meeting - Authority found 100 percent contributory conduct so no remedies award - Respondent sought…
    Result:
    Costs in favour of respondent ($3,500)
  • Gaylard v Milk Miller Moos Ltd

    D Asher [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
  • Howearth v Baughan

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Parties had entered record of settlement - Dispute as to whether had been proper compliance with terms and application made to Authority for various remedies -…
    Result:
    Application dismissed ; No order for costs
  • Penney v Fonterra Cooperative Group Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant sought to reopen investigation six months after settlement agreement executed – Authority found filing application to reopen not timely –…
    Result:
    Application dismissed ; Costs reserved
  • Holmes v New Zealand Industrial Abseilers Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed suffered disadvantage in employment as result of two warnings and by unauthorised deductions from final pay – Staff warned if did not adhere to keeping…
    Result:
    Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) (arrears of wages and holiday pay) ; Compensation for humiliation etc ($5,000) ; Arrears of wages and holiday pay ($1,925) ; Costs reserved
  • Faapito v Chief Executive of the Department of Corrections

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed suspension and subsequent dismissal for allegedly breaching duty of care to prisoner (“A”) by temporarily withholding medication was unjustified…
    Result:
    Applications dismissed ; Costs reserved