• Wang v Hamilton Multicultural Services Trust

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant’s employment terminated because position surplus due to restructuring – Applicant invited to apply for position of finance manager but chose not to – Applicant…
    Result:
    Application granted ; Compensation for humiliation etc ($1,000) ; Costs reserved
  • Clark v Wincanton Investments Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Applicant approached by respondent’s director and owner (“C”) and offered managerial position with respondent - Applicant resigned two employment positions…
    Result:
    Application granted ; Reimbursement of lost wages ($25,033.43) ; Compensation for humiliation etc ($12,000) ; Costs reserved
  • Nightingale v BP Oil New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant’s employment terminated on medical grounds – Applicant argued cleared to work 20 hours per week – Respondent claimed applicant unable to do…
    Result:
    Question answered in favour of respondent ; Disbursements in favour of applicant ($70)(filing fee)
  • Smith v DTZ New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Applicant used two personal cell phones for business calls – Applicant argued agreement reached to transfer cell phone accounts into respondent’s name and would transfer back if left…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Nepe-Apatu v Te Kohanga Reo National Trust

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent knew applicant patched member of Mongrel Mob when employed - Applicant accepted fought with partner of senior manager and directed abusive and obscene…
    Result:
    Application granted ; Reimbursement of lost wages (6 months reduced to 3 months) ; Compensation for humiliation etc ($18,000 reduced to $9,000) ; Costs reserved
  • McIntosh & Ors v John Owens t/a Kiwi Security

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Proceedings withdrawn shortly before scheduled investigation meeting – Parties directed to mediation in phone conference – Applicant advised of unavailability shortly before mediation – Respondent and counsel appeared…
    Result:
    Costs in favour of respondent ($1,000)
  • Karaka v Milkpride Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustified demotion – Respondent argued no demotion as applicant did not accept new employment agreement (“EA”) to change duties and no further action taken by…
    Result:
    Application dismissed ; Costs reserved
  • Masoe v Te Roopu Awhina Ki Porirua Trust

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful application for interim injunction – Length of investigation meeting not specified – Applicant claimed costs of $8,000 plus disbursements – Respondent argued costs too high – Disbursements…
    Result:
    Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($85.50)(photocopying) ($70)(filing fee)
  • Transotway Ltd v Dowie

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful application for orders by applicant – Length of investigation meeting not specified – Applicant sought reimbursement of document service fee and two airfares to attend investigation meeting…
    Result:
    Disbursements in favour of applicant ($287.30)
  • Steele v Te Runanga O Whaingaroa

    A Dumbleton [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