-
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