• Salton v Pacific Blue Employemnt and Crewing Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful personal grievance – Length of investigation meeting no specified - Respondent sought $2,700 as reasonable contribution to costs – Applicant argued costs should lie where they…
    Result:
    Costs in favour of respondent ($1,500)
  • MacArthur v Air New Zealand Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought $6,000 as reasonable contribution to costs – Applicant argued costs to lie where they fall as costs…
    Result:
    Costs in favour of respondent ($5,000)
  • Gwizo v Amcor Kiwi Packaging

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent tolerated “covert racism” in workplace and failed to adequately investigate assault allegation making resignation reasonably foreseeable – Respondent argued applicant resigned…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Zhuang v First Mobile New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – One day investigation meeting - Respondent sought $14,334 full costs with disbursements – Respondent claimed applicant’s grievance opportunistic, disingenuous, historical and required extensive preparation…
    Result:
    Costs in favour of respondent ($1,500)
    • 25 January 2010

    • AA 436A/09

  • Cook Executive Recruitment (2005) Ltd v Lewis & Anor

    D King [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed first respondent breached terms of employment agreement (“EA”), obligation of good faith, and implied obligations of loyalty and fidelity – Applicant claimed first respondent…
    Result:
    Application granted (Breach of contract) ; Account of profits ($12,100) ; Penalty ($5,000) (Payable to applicant) ; Costs reserved
  • Hamilton v Zeal 320 Ltd (Formerly Freedom Air Ltd)

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed appointment of less senior pilot to captain position caused unjustified disadvantage – Claimed respondent’s failure to provide training caused disadvantage – Applicant ranked higher than…
    Result:
    Application dismissed ; Costs reserved
  • Goldsmith v The Irish Rover Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – No appearance for respondent – Applicant sought compliance with settlement agreement and penalty for breach – Authority ordered respondent to comply with agreement – Ordered respondent to…
    Result:
    Compliance ordered ; Penalty ($2,000)(Payable to applicant) ($1,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Kingdom v Isia Holdings Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - In earlier determination Authority ordered respondent to pay applicant sum being difference in wages actually paid and hours would have worked had hours…
    Result:
    Arrears of wages and holiday pay ($6,134.94) ; No order for costs
  • Tane v Secretary for Justice

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIIFED DISADVANTAGE – Incapacity – Applicant claimed dismissal unjustified – Claimed respondent’s initial acceptance of applicant’s absence due to injury and later intolerance caused disadvantage – Claimed…
    Result:
    Applications dismissed ; Counterclaim granted ; Recovery of monies ($978.42)(Counterclaim in favour of respondent)
  • Service and Food Workers Union Nga Ringa Tota v Sanford Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant union sought compliance with s34 Employment Relations Act 2000 (“ERA”) – Applicant union claimed respondent’s refusal to disclose requested information breached s34 ERA – Respondent argued…
    Result:
    Compliance ordered ; Orders made ; Costs reserved