• Prince v Collins Lawson Ltd t/a Kitchen Studio North Shore

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified - Respondent sought $1,848 total costs – Applicant argued costs sought unreasonable as evidence did not establish costs…
    Result:
    Costs to lie where they fall
  • ERS New Zealand Ltd t/a Transpacific Industrial Solutions v Knight and Anor

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Applicant unsuccessful party in substantive determination - Respondent's sought $12,375 full costs from applicants - Respondents also raised special damages claim - However, no sum specified for special…
    Result:
    Costs in favour of first respondent ($3,240) ; Costs in favour of second respondent ($4,050)
  • Johnson v New Zealand Health Insurance Brokers Ltd & Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Respondents sought to join additional party (“C”) to proceedings – Applicant opposed joinder application – Authority stated in notice of direction C should be joined to…
    Result:
    Orders made ; Costs reserved
  • Christey v Searell & Co Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful personal grievance – Unsuccessful counterclaim - One and half day investigation meeting - Applicant sought indemnity costs or significant contribution to costs – Applicant claimed two…
    Result:
    Costs in favour of applicant ($7,500) ; Disbursements in favour of applicant ($615.50)
  • Schneider v BBX Distribution PTY Ltd as agent for BBX Management Ltd (now Barter Management (NZ) Ltd)

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – No appearance for respondent – Applicant claimed unjustifiably disadvantaged and dismissed – Applicant’s employment subject to 90 day trial period in employment agreement (“EA”)…
    Result:
    Applications granted (Dismissal & Disadvantage) ; Reimbursement of lost wages ($7,200) ; Compensation for humiliation etc ($9,000) ; Costs reserved
  • McAuslin v Hirequip Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – Length of investigation meeting not specified - Applicant sought full costs award – Applicant alternatively sought reasonable contribution to costs – Respondent prepared to…
    Result:
    Costs in favour of applicant ($1,850) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Koning v Industrial Services Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for respondent - Applicant’s evidence preferred - Applicant claimed respondent’s manager (“H”) used abusive language towards applicant giving applicant no alternative but…
    Result:
    Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($3,000) ; No order for costs
  • Whyte v Creative Force Media Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy not genuine - Claimed unjustifiably dismissed following dispute regarding terms of employment agreement (“EA”) – Applicant declined respondent’s EA offer – Applicant…
    Result:
    Applications granted (Unjustified dismissal)(Breach of contract)(Arrears of wages); Applications dismissed (Arrears of holiday pay) (Penalty) ; Arrears of wages ($307.69) ; Redundancy compensation ($3,333.33) ; Interest (4.8%) ; Costs reserved
  • Denham v Alkhafaji t/a Sylvana Hair

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant claimed $2,355 unpaid holiday pay – Respondent argued not employer, unable to make payment and applicant stole product from…
    Result:
    Application granted ; Arrears of holiday pay ($2,355.49) ; Interest (4%) ; Disbursements in favour of applicant ($98)(witness expenses)
  • Yong v The O'Brien Group Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed after workplace accident resulting in amputation of finger – Respondent argued applicant breached health and safety rules constituting serious misconduct…
    Result:
    Application dismissed ; Costs reserved