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Smith v Stokes Valley Pharmacy (2009) Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant sought removal on grounds important questions of law likely to arise other than incidentally and in all…
- Result:
- Application granted ; No order for costs
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Collier-Wilson v Auckland District Health Board
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to adhere to harassment policy in policy manual – Also claimed respondent failed to act in good faith – Shortly…
- Result:
- Applications dismissed (Unjustified disadvantage)(Recovery of monies) ; Costs reserved
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Abbott v Fresh Connection Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $1,600 as reasonable contribution to costs – Applicant argued no costs award - Argued alternatively…
- Result:
- Costs in favour of respondent ($750)
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Cousins and Anor v Booth
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Correct identity of employer – Applicants claimed employed by respondent at all material times – Respondent argued applicants employed by company (“X”) – Respondent shareholder and…
- Result:
- Applications granted (Arrears of wages)(Arrears of holiday pay) ; Application dismissed (Penalty) ; Arrears of wages ($9,480)(First applicant) ($8,820)(Second applicant) ; Holiday pay (Quantum to be determined)(First and second applicant) ; Interest (4.5%) ; Costs reserved
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Heaney v Herbert t/a Equestrian Hotel and Anor
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Correct identity of applicant’s employer – Applicant claimed first respondent employer at all times – First respondent claimed applicant employed by second respondent – Applicant received…
- Result:
- Application granted (Unjustified dismissal) ; Application dismissed (Penalty) ; Two weeks pay in lieu (Quantum to be determined) ; Compensation for humiliation ($6,000) ; Costs reserved
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Paea v Department of Corrections
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought $5,000 contribution to total costs of over $20,000 - Respondent also sought $384 travel expenses and $400…
- Result:
- Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($50)
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Riosa v NRG Home Electrical Ltd
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought $6,000 contribution to total costs of $7132 plus disbursements - Respondent claimed applicant wholly unsuccessful and costs…
- Result:
- Costs in favour of respondent ($5,000) ; Disbursements in favour of respondent ($50)
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Spice v Firth Industries, a division of Fletcher Concrete and Infrastructure Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed – Claimed disadvantaged as respondent took no actions in regards to applicant’s bullying complaints – Applicant claimed…
- Result:
- Application dismissed ; Costs reserved
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Riley v Acrow Limited
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant and co-worker (“W”) took longer than expected to arrive at job site for urgent job – Respondent investigated and found based on GPS…
- Result:
- Application granted ; Reimbursement of lost wages ($201.88) ; Compensation for humiliation etc ($3,000) ; Costs reserved
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Robinson v Rentokil Initial Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed conduct did not constitute serious misconduct warranting dismissal – Respondent argued dismissal justified – Applicant attended disciplinary meeting to answer three allegations…
- Result:
- Application dismissed ; Costs reserved