• Knedler v Chief Executive Officer Department of Internal Affairs and Ors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful application for penalty – Length of investigation meeting not specified – Second respondent sought costs on basis proceedings wholly misconceived because penalty action commenced outside statutory time…
    Result:
    Costs in favour of respondent ($1,500)
  • Gartner v Spotless Services (NZ) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance – Half day investigation meeting – Respondent sought $5,000 contribution to costs plus disbursements – Applicant argued not in strong financial position and would not…
    Result:
    Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($336.31)
  • Delany v Derrick (Caithness Farming Co Ltd)

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – Parties disagreed about finish date of applicant’s employment – Applicant claimed worked one week outside notice period to accommodate request by respondent – Respondent claimed no…
    Result:
    Applications granted (Arrears of wages) (Penalty) ; Application dismissed (Counterclaim) ; Arrears of wages ($1,538.46) ; Penalty ($500) ; Interest ($250) ; Costs in favour of applicant ($1,500)
  • Labour Inspector Johan Dirkzwager v Saville

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Compliance sought with demand notice – Respondent considered applicant’s calculations incorrect – Respondent failed to engage further with Authority’s process – Employee transferred employment from old employer…
    Result:
    Compliance ordered – No order for costs – Disbursements in favour of applicant ($70)(filing fee)
  • Samuels v Lewis Equipment Company Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed written warnings unjustified – Claimed dismissal unjustified as serious misconduct allegations false – First written warning issued alleging applicant…
    Result:
    Applications granted (Unjustified disadvantage)(Unjustified dismissal) ; Application dismissed (Counterclaim) ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Marurai v Carter Holt Harvey Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified as prejudicially motivated – Respondent argued redundancy for genuine business reasons therefore justified – Applicant’s fixed term position disestablished as respondent…
    Result:
    Application dismissed ; No order for costs
    • 06 May 2010

    • AA 214/10

  • Rawiri v Otorotanga Service and Citizens Club Inc.

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Constructive dismissal - Applicant claimed respondent breached good faith obligations making resignation reasonably foreseeable – Respondent argued applicant abandoned employment – Altercations occurred between applicant…
    Result:
    Application granted (Arrears of wages) ; Application dismissed (Unjustified dismissal) ; Arrears of wages ($1,546.55) ; Costs to lie where they fall
  • Waters v Darius Ltd t/a The Coffee Club

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – GOOD FAITH – Business sold to respondent – Agreement for sale and purchase required present staff be offered employment on similar terms – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Lingenfelter v Trinity Broadcasting Network South Pacific Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustified dismissal – Respondent claimed applicant dismissed for insubordination, untruthfulness, conspiracy, refusal to submit to correction and inability to carry out duties – Authority noted…
    Result:
    Application granted ; Reimbursement of lost wages ($10,757.57) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Peacock v AFFCO New Zealand Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant argued verbally abused and assaulted by manager – Authority earlier found applicant’s claims unlikely to succeed without additional evidence – Found respondent investigated original complaint of…
    Result:
    Application dismissed ; Costs reserved