• Electrical Union Inc & Ors v Transfield Services Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful bargaining claims - One day investigation meeting - Respondent sought $10,000 contribution plus disbursements to total costs in excess of $25,000 - Respondent acknowledged costs high for…
    Result:
    Costs in favour of respondent ($4,000) ; Disbursements in favour of respondent ($412.59)
  • Young v Bay of Plenty District Health Board

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant’s manager (“W”) and co-worker raised concerns about applicant’s communication and behaviour – Respondent also began to have concerns about applicant’s…
    Result:
    Applications dismissed ; Costs reserved
  • Henshaw v Auckland Institute of Studies Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant raised number of unjustified disadvantage grievance claimed based on alleged unfair or unjustified elements of redundancy – Respondent concerned about falling student numbers – Respondent identified…
    Result:
    Application granted (Unjustified disadvantage - Role of human resources manager and consultation about evaluation) ; Compensation for humiliation etc ($1,000)(Role of human resources manager) ; Compensation for humiliation etc ($3,000)(consultation about evaluation) ; Applications dismissed (Unjustified dismissal)(all other unjustified disadvantage claims) ; Costs reserved
  • Zhao v Health and Body Clinic Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unilateral reduction of work hours and breach of employment agreement (“EA”) caused disadvantage – EA provided applicant provided with ongoing training – Applicant claimed no…
    Result:
    Applications granted ; Reimbursement of lost wages ($6,654.92)(3 months) ($143.00)(Unilateral reduction of hours) ; Compensation for humiliation etc ($4,000)
  • Burns v Media Design School Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - COSTS – Unsuccessful interim reinstatement – Partially successful personal grievance – Unsuccessful counterclaim - Length of investigation meeting not specified – Parties agreed to stay enforcement…
    Result:
    Application granted ; Costs in favour of applicant ($5,000)
  • Moreland v Johnstone & Anor t/a Johnstone Farming Partnership

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    GOOD FAITH - Applicant claimed breach of s4 Employment Relations Act 2000 (“ERA”) as respondent failed to provide ACC information for applicant’s work injury – Authority found no evidence respondent…
    Result:
    Application granted (Recovery of monies) ; Applications dismissed (Unjustified dismissal)(Good faith)(Arrears of wages)(Arrears of holiday pay) ; Recovery of monies ($1,138.53)(Unlawful deduction of wages) ; Costs reserved
  • Gillatt v Happy Days Childcare Ltd

    D Asher [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
  • Shenton v Taya Simone Ltd t/a Geraldine Village Inn

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of monies unlawfully deducted from final pay – Respondent argued deduction lawful under employment agreement (“EA”) – Argued EA not subsequently varied –…
    Result:
    Application dismissed ; Costs in favour of respondent ($600)
  • Maynard v Smiley Farms Ltd

    R A Monaghan [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 – Respondent to pay applicant $395 within 5…
    Result:
    Consent order granted ; Orders accordingly ; Costs reserved
  • Maynard v Smiley Farms Ltd

    R A Monaghan [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 – Respondent to pay applicant $48.
    Result:
    Consent order granted ; Orders accordingly ; No costs award ; Disbursements in favour of applicant ($70)(Filing fee)