• Fife v Air New Zealand Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant unintentionally sent email describing manager (“C”) of respondent in highly derogatory and offensive terms to C – C filed formal complaint with manager…
    Result:
    Application dismissed ; Costs reserved
  • Adam v Maintenance No 2 Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – COSTS - Applicant sought penalties and interest for respondent’s breach of mediated settlement agreement – Authority declined penalties as breach not wilful or deliberate - Found no jurisdiction…
    Result:
    Applications dismissed ; Costs reserved
  • Spalding v Banksia Holdings Ltd & Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - No appearance for respondents - Applicant sought compliance with mediated settlement - Payment schedule not observed by respondent and payments missed - Compliance ordered - PENALTY…
    Result:
    Compliance ordered ; Penalty ($750) (payable to Crown) ; Disbursements ($70)
  • Smith v Impact Piledrving Ltd & Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – JURISDICTION – ARREARS OF WAGES - First issue identity of employer – Applicant carried out duties for company (“X”) owned by second and third respondent –…
    Result:
    Applications dismissed ; Costs reserved
  • Kilkenny v Bunnings Ltd

    K J Anderson [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Serious misconduct – Respondent’s evidence preferred - Applicant claimed dismissal unjustified – Claimed disadvantaged as respondent breached implied duty to provide safe workplace –…
    Result:
    Applications dismissed ; Costs reserved
  • Phipott v Athena Footwear Ltd

    K J Anderson [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful claim by applicant – Half day investigation meeting – Respondent sought order for contribution to costs – No costs submissions received from applicant – $1,500 contribution to…
    Result:
    Costs in favour of respondent ($1,500)
  • Service v Young Men's Christian Association of Christchurch Inc

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed after respondent’s inquiry found applicant failed to disclose to previous CEO (“T”) alleged rape of client by volunteer tutor - Disciplinary…
    Result:
    Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($20,000 reduced to $10,000) ; Compensation for humiliation etc ($18,000 reduced to $9,000) ; Applications dismissed (Unjustified disadvantage)(Counterclaim) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved
  • Matyagina v Matipo Trading Company Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Authority found no good reason to depart from usual principles - Authority not persuaded costs incurred for mediation to…
    Result:
    Costs in favour of applicant ($3,000)
  • Wilson v ABC Developmental Learning Centres (New Zealand) Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent unilaterally required applicant to accept unpaid leave – Claimed respondent improperly deducted annual leave entitlement – Respondent argued applicant failed to notify respondent when…
    Result:
    Applications dismissed ; Costs reserved
  • Malcolm v Mark The Chef Ltd

    D King [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 - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs