• Fantham v Taranaki Home Ventillation Ltd

    G J Wood [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
  • Leitch v Yandle and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Applicant claimed not paid before taking maternity leave and final pay incorrect – Respondent failed to provide wage…
    Result:
    Application granted ; Arrears of wages ($289.25) ; Arrears of holiday pay ($3,228.53) ; Applications dismissed (jurisdiction) (unjustified dismissal) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)
  • Davy v Raymond Durney & Chesterton Holdings Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant resigned due to erratic payment of wages and resulting pressure and stress – Respondent argued applicant resigned of own free will – Authority…
    Result:
    Application granted ; Arrears of wages ($818.76) ; Arrears of holiday pay ($860.40) ; Reimbursement of lost wages ($1,013.50) ; Compensation for humiliation etc ($6,500) ; Applications dismissed (recovery of monies) (penalty) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)
  • Christensen v BP Oil New Zealand Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Whether redundancy provision in employment agreement (“EA”) correctly interpreted and applied by respondent – Applicant initially employed at respondent’s subsidiary company (“CORO”) – Applicant subsequently employed by respondent…
    Result:
    Question answered ; Application dismissed ; Costs to lie where they fall
  • Potene v Tapuika Iwi Authority

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant legally aided - Applicant sought full amount of legal aid grant, being $2,458 - Found amount claimed modest…
    Result:
    Costs in favour of applicant ($2,458)
  • Schouten v Amalgamaged Joiners (1997) Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed summary dismissal unjustified – Respondent argued applicant made threats justifying summary dismissal – Altercation occurred between parties – Conflict of evidence over who initiated altercation…
    Result:
    Application granted ; Reimbursement of lost wages ($4,416 after reduction $3,312) ; Compensation for humiliation etc ($3,000 after reduction $2,250) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved
  • Tootill v Almadale Produce Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed verbally agreed to employment for six months - Respondent denied offering six month’s employment - Applicant signed employment agreement (“EA”) that purported to be fixed…
    Result:
    Applications granted ; Arrears of wages ($276.55) ; Reimbursement of lost wages ($1,104) ; Compensation for humiliation etc ($2,000) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Johnston v Lowe and Ors

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to consider compensation – Authority found in earlier determination applicant owed wages – Respondents accepted wages due and owing, however claimed precluded from paying by…
    Result:
    Application declined ; No order for costs
  • McCutcheon v Westland Co-Operative Dairy Company Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - CONSENT ORDER - Unsuccessful personal grievance - Respondent claimed $1000 costs and $500 travel expenses - Authority ordered applicant to pay respondent $1500 by way of consent order
    Result:
    Costs in favour of respondent ($1000) ; Disbursements in favour of respondent ($500) ; Consent order granted ; Orders accordingly
  • Holland v Bright Babes Ltd t/a Bright Babes Early Childhood Centre

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Respondent successful party in earlier matter - Authority found matter not complex and decided on papers - Found costs generally to follow event and to be modest -…
    Result:
    Costs in favour of respondent ($1,500) ; Disbursements in favour of respondent ($431.69)