• Visser v Waiotahi Contractors Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Application for reinstatement – Applicant claimed redundancy procedurally and substantively unjustified – Respondent argued redundancy genuine and proper procedures followed – Respondent faced financial difficulties…
    Result:
    Application granted ; Reinstatement declined ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Courtney v Super Cheap Auto (New Zealand) Pty Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful substantive application – Length of investigation meeting not specified - Respondent sought $3,000 contribution to costs plus disbursements – Respondent claimed applicant’s cross-examination unnecessary and incurred…
    Result:
    Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($827.22)
  • Auckland City Council v Redshaw

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties consented to have matter removed to EC – Authority found issue regarding arrears of wages a substantive…
    Result:
    Application granted ; No order for costs
  • Travers and Anor v Interiors By Sensation Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Correct identity of employer – First and second applicants claimed respondent correct employer – Respondent argued Sensation Yachts Ltd (“SYL”) applicants’ employer at all material times…
    Result:
    Application granted ; Disbursements in favour of first and second applicants ($70)(Filing fee) ; No order for costs
  • Chen v Banclogix Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed mental illness limited capacity to consider raising grievance within time – Claimed mental illness constituted exceptional…
    Result:
    Application dismissed ; Costs reserved
  • Slight v CMP Rangitikei Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly
  • Crowe v Creenburn Dairy Farm Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful interim reinstatement application - Length of investigation meeting not specified - Unsuccessful personal grievance - Less than one day investigation meeting - No costs submissions received from…
    Result:
    Costs in favour of respondent ($7,500)
  • Stacey v Northland Road Haulage Ltd

    M Urlich [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 - Order prohibiting publication of terms of settlement…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Ward v South Pacific Meats Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed supervisor (X) bullied applicant and respondent failed to adequately deal with matter – Respondent argued adequately investigated allegations and conclusion allegations unfounded reasonable – Applicant…
    Result:
    Application granted (Unjustified disadvantage – Inadequate investigation) ; Applications dismissed (Unjustified disadvantage – Bullying)(Unjustified dismissal) ; Compensation for humiliation etc ($1,500)
  • Bates v Aden Electrical Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought $8,000 contribution to total costs of just over $11,000 - Respondent asked Authority to consider…
    Result:
    Costs in favour of respondent ($3,800)