• Ramsay v New Zealand Cards Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $3,000 contribution to costs – Applicant claimed extra costs incurred due to respondent’s actions – No submissions…
    Result:
    Application granted ; Costs in favour of applicant ($3,000)
  • Ferguson v Rotational Plastics NZ Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Agreement provided final settlement of all matters between parties – Respondent deducted $188 from applicant’s final pay on grounds applicant…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
  • Tautari v Badgers Run Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - No appearance by applicant - Applicant’s counsel appeared for applicant - Credibility finding in favour of respondent - Respondent’s evidence preferred where supported by material evidence -…
    Result:
    Application dismissed ; No order for costs
  • Hamze v Saffron Restaurant Ltd & Ors

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant sought arrears of wages and holiday pay from first, second, and third respondent – Second and third respondent argued applicant…
    Result:
    Applications granted ; Arrears of wages ($4,200) ; Arrears of holiday pay ($2,100) ; Disbursements in favour of applicant ($70)(Filing fee)
  • National Distribution Union v Foodstuffs South Island Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    BARGAINING - Reference for facilitation - Applicant claimed bargaining unduly protracted and sought matter be referred for facilitation - Respondent opposed application - Parties agreed at investigation meeting would attend…
    Result:
    Orders made ; No order for costs
  • Tiopira v Byrnecut Mining (New Zealand) PTY Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed summary dismissal unjustified – Respondent argued dismissal substantively and procedurally justified – Respondent called applicant to meeting when concerned applicant had breached…
    Result:
    Application dismissed ; Costs reserved
  • Ayyildiz v Harrison Cafe Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PERSONAL GRIEVANCE – Constructive dismissal – Applicant claimed constructively dismissed for respondent’s failure to protect applicant from chef’s (“C”) unacceptable conduct – Respondent argued took immediate steps to discipline chef…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Instone v Queenstown Golf Club Inc

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISADVANTAGE - Applicant given individual employment agreement (“EA”) containing probationary period - EA never signed - Applicant claimed believed EA not to be signed until…
    Result:
    Application granted (arrears of wages)(holiday pay) ; Arrears of wages ($5,628) ; Holiday pay ($450.25) ; ($Interest (4%) ; Applications dismissed (unjustified dismissal)(raising personal grievance)(unjustified disadvantage)(penalty) ; Costs reserved
  • The Service & Food Workers Union Nga Ringa Tota v Sealord Group Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    BARGAINING – Application for facilitation – Applicant sought matter be referred to facilitation under s50B Employment Relations Act 2000 – Collective bargaining negotiations and mediation unsuccessful – Respondent’s statement in…
    Result:
    Application granted ; No order for costs
  • Provida Foods Ltd v Davidson & Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful substantive claim – Successful counterclaim – Four day investigation meeting – Applicant sought $10,000 contribution to costs from first and second respondent jointly and severally – Applicant…
    Result:
    Applications granted ; Costs in favour of applicant ($7,000)($3,500 – First respondent)($3,500 – Second respondent) ; Costs in favour of first respondent ($500)(Successful counterclaim)