• Ta'Amilo v Computer Transport Services (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed – Respondent argued applicant admitted to serious misconduct therefore dismissal justified – Respondent requested meeting to discuss applicant taking excessive…
    Result:
    Applications dismissed ; Disbursements in favour of respondent ($175)(Transport costs)(Loss of time)
  • Carreras v Basani Ltd t/a Claret Restaurant

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with Authority determination and costs agreement - No appearance for respondent - Applicant claimed parties entered into agreement for respondent to pay $3,500 legal…
    Result:
    Compliance ordered ; Costs reserved
  • Chetty v NZ Quality Auto Services Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One hour investigation meeting - Applicant sought contribution to total costs of $3,334 - No costs submissions received from respondent - Found no reason…
    Result:
    Costs in favour of applicant ($1,500)
  • Cavanagh v Fonterra Co-Operative Group Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant driving milk tanker when trailer rolled – Respondent’s investigation concluded applicant drove tanker in incorrect and unsafe manner by failing to negotiate corner…
    Result:
    Application granted ; Reimbursement of lost wages (9 months) ; Compensation for humiliation etc ($12,000) ; Costs reserved
  • Mikolajcyk v Plus Pac Packaging Solutions Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – DISCRIMINATION – Applicant claimed unjustifiably dismissed, subject to discrimination on basis of family status, and breach of good faith – Applicant and husband (“H”) employed by respondent…
    Result:
    Application granted ; Reimbursement of lost wages ($20,088.00) ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Sharp v S & F (2009) Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement with applicant withdrawing claim and parties bearing own costs - Terms of settlement to be orders of Authority
    Result:
    Consent order granted ; Orders accordingly
  • NZ Tramways & Public Passenger Transport Employees Union (Inc) Wellington & Anor v Wellington City Transport Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Whether retirement gratuity term and condition of employment – Second applicant recently retired – Applicants sought payment of retirement gratuity – Respondent argued gratuity not part of terms…
    Result:
    Application dismissed ; Costs reserved
  • Edwards v Tin Fillers Catering Ltd t/a Tin Fillers

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed subjected to criticism over small matters and bullying by respondent’s owners’ daughter – Respondent denied allegations and claimed walk out by applicant…
    Result:
    Application dismissed ; Costs reserved
  • Rau v Waikato-Tainui Te Kauhanganui Inc

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought orders investigation meeting not be held in public – Alternatively sought all media excluded from investigation meeting – Respondent also sought evidence, filed pleadings,…
    Result:
    Application dismissed ; No order for costs
  • Paea v Chief Executive of the Department of Corrections

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent received complaint about applicant’s conduct from offender - Applicant advised complaint received, respondent to undertake investigation, and dismissal a possibility - Applicant resigned…
    Result:
    Application dismissed ; Costs reserved